Full Privacy Statement
OUR PRIVACY POLICY
Mercedes Benz New Zealand Ltd (MBNZ) ("MBNZ", “we”, ”us” or “our”) knows that our use, collection and protection of your personal information is important. We respect your personal information and privacy and are committed to keeping your personal information safe and secure.
This Privacy Policy outlines how we collect, use, store and disclose your personal information to ensure we comply with our privacy obligations. In particular:
- the kinds of information we collect and hold about you;
- how we collect your personal information;
- the purposes for which we collect, use, store and disclose your personal information; cross border disclosure;
- when we will use your personal information for direct marketing purposes;
- how we keep your personal information secure
- how to access, update or correct your personal information; and
- how you can make a privacy complaint.
We are governed and comply with the Privacy Act (as amended from time to time) and Information Privacy Principles which are found in that Act.
Most of our authorised dealer network is independently owned and operated, and may have privacy policies which differ from ours (except in the case of wholly owned retail outlets, in which case, this policy applies). Our independent authorised dealers are responsible for their own respective privacy policies and privacy related processes. If you have any privacy concerns relating to an independent dealer then please contact the relevant dealer directly.
This Privacy Policy applies to customers, potential customers, suppliers, service providers, dealers, contractors, secondees, potential employees, temporary staff and generally does not apply in relation to our current or former employees. By providing your personal information or using our services, you are agree to this Privacy Policy. If you provide information about any other person, then you must have authorisation from that person to provide such information to us.
1. THE COLLECTION OF PERSONAL INFORMATION
1.1 Kinds of information we collect and hold
MBNZ only collects and processes personal information for a lawful purpose that we consider necessary for the effective functioning or activities of our business. 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;
- 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 and website tracking (for information about what cookies are and how we use them, please refer to our Cookies Policy on our website);
- 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; and
- personal interests.
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 or obtain 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 (for example for information assurance purposes).
1.2 How we collect your personal information
MBNZ takes all reasonable 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;
- when you visit an authorised dealership to test drive or purchase a vehicle or 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 a product or service from us;
- if you apply to be a dealer or through dealer communications;
- from third party roadside assistance service providers;
- via our websites (including our microsites) including:
- if you choose to supply the information to us by entering your information into the interactive sections on our websites (for example, enquiry forms, message boards, chat, profile pages, blogs, social networking features and the like). Please be aware that any information you post or disclose on these websites may be available to other site visitors and the general public (depending on the privacy settings you have in place);
- if you choose to create a new login or use your existing login or otherwise provide information through our websites and microsites; when you attend a (product) focus group, review a product or complete a survey;
- if you select any web links or visit any websites where cookies and website tracking is enabled;
- via our Apps or the Apps of other related or Mercedes-Benz Group companies (for example, undertaking the ID check associated with your use of the Mercedes me connect and smart control information and telematics services via the App).
- 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 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 so we can provide you with the best possible products and services that we and our authorised dealerships have to offer, to create a more personalised 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, 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;
- responding to enquiries in relation to products we sell and services we offer;
- 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;
- informing you of special events or offers;
- market research, customer surveys, customer analysis and product development;
- accounting, billing or other internal administrative purpose;
- recruitment purposes;
- to protect our interests by registering a security interest on the Personal Property Securities Register;
- 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 dealer network;
- 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 (many of whom are based overseas see 2.3 below);
- to related companies for example, Mercedes-Benz Financial Services New Zealand Ltd that we share corporate services with for example, information technology and human resources;
- 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.
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 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 and Japan. Some of the entities to which your personal information is disclosed are located in countries which do not provide comparable safeguards to those in the Privacy Act 2020. However, rest assured, where we disclose personal information to a third party in another country, we place safeguards to ensure your personal information is protected.
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 New Zealand's privacy laws.
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, MBNZ are fully committed to full compliance with the Unsolicited Electronic Messages Act 2007. You will have the option to subscribe to certain promotional and marketing email and/or text communications. By subscribing to our email and/or text communications, or otherwise providing us with your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time. We take steps to ensure that our electronic communications meet the following conditions, they:
(a) 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) contain accurate information about us and how to contact us; and
(c) contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.
2.4.2 Opting out - Direct marketing and electronic communications
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 0800 62 2277 or emailing mbnz_enquiries@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 events, publications and other items that fall into this category.
2.5 Cookies, Tracking and Retargeting Technologies
2.5.1 General
Cookies: for further information about what cookies are and how we use them, please refer to our Cookie Policy on our website.
Tracking technologies: We want the content of our websites to match your preferences as closely as possible thereby improving what we offer you. To recognise user preferences and popular areas of our websites, we use the following Tracking technologies on our websites: Adobe Analytics and Google Analytics.
Important: When Tracking technologies are used, cookies on our websites register your interest in our products and services. In the process, random identifiers (so called “Cookie IDs) are used which are 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 of Tracking technologies you are consenting to us associating your browsing activity on our websites to you personally.
Retargeting technologies: We also use so-called Retargeting technologies in order to tailor our online marketing (e.g. banner ads) more specifically to your needs and interests. Such technologies include: Adobe Target, Flashtalking by Simplicity Marketing Limited, Google Search Ad, Google Display & Video 360, Facebook Pixel, and Salesforce Data Management Platform. These Retargeting technologies track your activity on our websites and third party websites to help us serve relevant ads to you more effectively.
For Retargeting technologies, we do not bring any Cookie IDs into connection with personally identifiable information that we may already hold (such as your name, your address or similar). If we do wish to associate this data, we will first obtain your express consent.
For legal reasons, the use of Tracking and Retargeting technologies is sometimes only possible with your express consent. You can also object to the use of such technologies if you wish (see 2.5.2 [Managing Preferences]).
Further information about the above technologies from the respective providers, and the associated processing of personal data, can be found at the following links (Please refer to our Cookie Policy on our website).
2.5.2 Managing preferences
You can manage and deactivate the use of cookies on the above websites or in your browser as explained in our Cookie Policy.
All other cookies: For all other cookies, by simply using our Websites, you consent to the use of cookies.
If you do not wish for us to use cookies, you can permanently object to the practice (“Opt-Out”) at any time. To find out more, please visit our Cookie Policy.
We will comply with your objection by placing an Opt-Out cookie in your browser. This cookie will only indicate that you have opted out. Please note that for technical reasons, an Opt-Out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.
2.5.3 Data transmission to so-called third countries
When using Tracking and Retargeting technologies, data may be transmitted to recipients outside New Zealand.
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.
We will take reasonable care to ensure our database storage and service providers and cloud service providers hold your information in accordance with the Privacy Act.
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.
MBNZ 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 unauthorised or accidental access, disclosure, alteration, loss, destruction and actions which prevent us from accessing your personal information on a temporary or permanent basis (each event being a "Privacy Breach"). These measures include:
(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.
If your personal information is subject to a Privacy Breach which causes or is likely to cause serious harm, we will notify you and the Privacy Commissioner in accordance with our obligations under the Privacy Act.
4. LINKS TO OTHER WEBSITES
Our website may contain links to other websites that are not under our control. These websites may use cookies. It is the responsibility of those third parties to collect appropriate consents from you in order to permit their own cookies (to the extent this is required by law) and to inform you about the cookies they use. You should check the privacy policy on all third party websites to ensure you are comfortable with third party cookies.
We have no responsibility for linked websites, and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk.
5. ACCESS, CORRECTION, COMPLAINTS AND ENQUIRIES
We take reasonable steps to ensure that information we collect, hold, use or disclose about you is accurate, complete and up to date.
5.1 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.
5.2 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.
5.3 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 then 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:
Mercedes-Benz Passenger Cars
Mercedes-Benz New Zealand Limited
Level 3 Office Tower
277 Broadway
Newmarket
Auckland 1023
By phone: 0800 62 2277
By email: mbnz_enquiries@daimler.com
We may also require proof of your identity.
At all times MBNZ strives to ensure your personal information is treated confidentially and in accordance with the Privacy Act. However, if you have any questions or complaints about the handling of your personal information, please contact us in the first instance.
Policy Changes
MBNZ may review this policy from time to time and any changes will be notified by posting an updated version on our website. Your use of our website following any updates constitutes acceptance of this policy as amended. We recommend you regularly review the policy when you visit our website. If you do not agree with any aspect of the updated policy, you must promptly notify us and cease using our services.
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 New Zealand Limited ("MBNZ"). The text, images, graphics, sound files, animation files, video files and their arrangement on MBNZ’s and/or Mercedes-Benz Group companies’ Platforms are all subject to copyright and other intellectual property protection laws in New Zealand 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 or reposted to other Internet sites. Some MBNZ 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 MBNZ Platforms are subject to the trade mark rights of specific companies within the Mercedes-Benz Group. These include each of Mercedes-Benz Group's primary brands (Mercedes-Benz, AMG, smart, Sterling, Freightliner and Setra) 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 MBNZ 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.
No Warranties or Representations
The information that is contained on these Platform is for preliminary and general purposes only. MBNZ 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 MBNZ "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.
MBNZ 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
MBNZ 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 Mercedes-Benz Group must protect its intellectual property, including its patents, trade marks 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.
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 MBNZ 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. MBNZ 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 New Zealand Limited - Finance Products and Insurance Solutions
Mercedes-Benz Financial Services New Zealand Limited (MBFSNZ) is the finance arm of the New Zealand branch of the Mercedes-Benz Group. As such, any information, publications, statements or references to finance or insurance made directly on, or linked to these Platforms are made by MBFSNZ and must be read subject to the respective disclaimers, legal notice and privacy statement which are contained on the Mercedes-Benz Finance and Insurance tabs of these Platforms: Finance a Mercedes: dreams are calculable and easy to fulfil (mercedes-benz.co.nz)
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 MBFSNZ’s usual credit approval or insurance approval processes. The details provided on our Platforms is not intended, and are not to be construed, as an offer to provide finance or insurance on the terms stated.
General
MBNZ and MBFSNZ’s Platforms may be accessed across the globe however are intended to be accessed by those in New Zealand. We make no representations that the Platforms comply with the laws (including intellectual property laws) of any country outside New Zealand.
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;
ii. tamper with or hinder the operation of the Platforms;
iii. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platforms;
iv. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platforms;
v. modify, adapt, translate or reverse engineer any portion of the Platforms;
vi. remove any copyright, trade mark or other proprietary rights notices contained in or on the Platforms;
vii. reformat or frame any portion of the web pages that are part of the Platforms;
viii. create accounts by automated means or under false or fraudulent pretences;
ix. use the Platforms to violate the security of any computer or other network or engage in illegal conduct;
x. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
xi. use the Platforms other than in accordance with this legal notice or any other applicable terms and conditions; or
xii. attempt any of the above acts or engage or permit another person to do any of the above acts.
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 New Zealand.
You may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the express permission of MBNZ.
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