Provider
Auto Sales(Mer) Ltd.
Mosta Road
Lija LJA9011
Phone: +356 2143 3601
Email: info@autosales.com.mt
Represented by the Board of Directors:
Ms Theresa Testaferrata, Ms Lynn Vincenti Kind, Ms Karen Sammut.
Registered in Malta with registration number C32783
VAT ID No.: MT 17006524
Mandatory disclosures and further information acc. to Digital Services Act (DSA)
If you have any questions about the content on this website, please contact: b2bconnect@mercedes-benz.com or via the contact form below.
For support requests, please use the “Need help?” area. If you cannot find a suitable answer under the FAQs or categories, open a support request there. This means your request will be processed by the right support team and you will shorten your waiting time.
Contact form
Privacy Policy B2B Connect
1. General information on data protection
We appreciate you visiting our website (https://b2bconnect.mercedes-benz.com/mt) and the use of our services offered through it as well as your associated interest in our offers. Protecting your personal data is very important to us. In this Privacy Policy, we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and what rights and claims are associated with it for you. In addition, we refer to the Mercedes-Benz Data Protection Policy:
Mercedes-Benz Data Protection Policy.
Our Privacy Policy for the use of our websites and the Mercedes-Benz Data Protection Policy do not apply to your activities on the websites of social networks or other providers that can be accessed using the links on our websites. Please read in this regard the data protection provisions on the websites of those providers.
2. Name and contact details of the Controller, Data Protection Officer
2.1 Auto Sales (Mer) Ltd as Controller
Auto Sales (Mer) Ltd ("ASML", "we" or "us")
a company incorporated and existing under the laws of Malta,
registered with [Malta Financial Services], [Attard], [Malta, under registration number C491,
with its principal place ofbusiness at [Most Road, Lija], [Malta].
Data Protection Officer
dataprotectionofficer@autosales.com.mt
2.2 Joint Controllership with Mercedes-Benz AG
In addition, ASML and
Mercedes-Benz AG ("MBAG")
Mercedesstr. 120
70372 Stuttgart
Germany
E-mail: dialog@mercedes-benz.com
Data Protection Officer:
Mercedes-Benz AG
Group Data Protection Officer
HPC E600
D-70546 Stuttgart
Germany
E-mail: data.protection@mercedes-benz.com
and
partly also the dealers participating in B2B Connect
are for individual processing operations via this website joint controllers. This concems tlie processing of personal data on the one hand for services integrated via our websites (section 3.5) and on the other hand the performance of standardised sales and aftersales market analyses (section 3.6).
In this context, we, MBAG and partially also the dealers have made special arrangements for data transmission and processing in order to set out the use of personal data for these specific purposes. In this context, MBAG provides the respective central systems (in some cases only by way of processing on behalf), coordinates central data processing at the market or cross-market level and also uses the personal data stored in central systems for its own business purposes ( e.g. market analyses) if there is a corresponding legal basis, while we provide the respective systems to you as part of sales or aftersales activities.
Upon request, we will provide you with a description of the material provisions of this agreement between us and MBAG (and dealers, if applicable) to the extent provided by law. Data subject requests should generally be addressed to us. However, you remain entitled to assert your data subject rights with regard to the aforementioned processing also against MBAG, or dealers (where applicable).
3. Collection and processing of your personal data
3.1 Website visit for informational purposes
Whenever you visit our websites, we store certain information about the browser and operating system you are using, the date and time of your visit, the access status (e.g. whether you were able to access a website or received an error message), the usage of features on the website, any search terms you entered, how often you visit individual websites, the narne of files you access, the arnount of data transferred, the web page from which you accessed our website and the web page you visit after visiting our website, whether by clicking links on our websites or by entering a domain directly in the input field of the sarne tab (or window) of your browser in which you opened our websites. In addition, we store your IP address and the name of your intemet service provider for seven days for security reasons, in particular to prevent and detect attacks on our websites or attempts at fraud.
The legal basis for this processing is our legitimate interest in being able to display our websites as well as data protection control and data security (Art. 6 para. 1 s. l f) GDPR).
The personal data set out in this section is automatically collected by our IT systems when you visit our websites. Without the processing of that personal data, a website may not be displayed optimally.
3.2 Contact via online contact form, chat
If you contact us via our website, your details from the online contact form or chat will be processed by us for the purpose of processing the enquiry, the associated technical administration and in the event that follow-up questions arise.
Personaldata that we process in this context is contact details provided (name, telephone number, address, reason for contact, etc.) and your email address.
The legal basis for the processing of this data is, in the case of (pre-)contractual measures, the processing of the contract (Art. 6 para. 1 s.1 b) GDPR), otherwise the mutual interest in processing (Art. 6 para. 1 s. 1 f) GDPR).
If you provide us with further personal data via a contact form or chat, we will use this data for the aforementioned purposes, for customer administration purposes and - if necessary - for the purposes of processing and invoicing any business transactions, in each case to the extent required for this purpose.
Insofar as we are obliged under the applicable law to retain certain personal data for legally defined periods of time (such as in connection with business incidents), we will continue to store this personal data for as long as is necessary (Art. 6 para. 1 s. l c) GDPR). Your personal data will be deleted immediately when it is no longer required for the purposes of fulfilling the legal obligations.
We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data (with the exception of any voluntary information), it is not possible to provide the services set out in this section.
3.3 Registration, use of B2B Connect for product views and orders In case of an order or other contract-related processing, we use your personal data to process or handle the order and other contract-related enquiries. The processing may also be conducted to resolve disputes or enforce the contractual agreement.
Personal data that we process in this context is registration data ("UMAS registration data", more detailed information on this is provided in the UMAS data protection policy [https://aftersales.mercedes-benz.com/umas/login/#/]), order communication data, order data (product, quantity, etc.), payment data (all required billing information).
In case of products from WebParts, this data is forwarded to the WebParts shop, insofar as this data is already entered on these websites. Further information on this is provided in the WebParts data protection policy [https://webparts.mercedes-benz.com/].
In case of After Sales Applications and Data Content, this data will also be forwarded to MBAG for further order and contract processing. The specific information regarding the use of personal data for the After Sales Applications and Data Content is provided in the respective data protection policy provided upon conclusion of the contract.
In case of contractual measures, the legal basis for the processing of this data is the performance of the contract (Art. 6 para. 1 s.1 b) GDPR). Insofar as we are obliged under the applicable law to retain certain personal data for legally defined periods of time (such as in connection with business incidents), we will continue to store this personal data for as long as is necessary (Art. 6 para. 1 s.1 c) GDPR). Your personal data will be deleted immediately when it is no longer required for the purposes of fulfilling the legal obligations.
We collect the personal data set out in this section directly from you by you having provided the personal data yourself or by the system pulling it ( e.g. :from UMAS). Without processing the personal data, it is not possible to provide the services set out in this section.
3.4 Participation in surveys, price competitions
Insofar as you participate in surveys or price competitions offered via our website, we also use personal data :from you in order to conduct these.
Personal data that we process in this context is UMAS registration data, and other information that you provide in this context.
The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para. 1 s.1 b) GDPR), for all other information the mutual interest (Art. 6 para. 1 s.1 f) GDPR).
If we (and possibly selected third parties) use your personal data for further purposes ( e.g. display of personalised content or advertising based on your usage behaviour), the legal basis is your consent (Art. 6 para. 1 s. l a) GDPR) via our Consent Management System. You can obtain further information and decision-making options here: [https://b2bconnect.mercedes-benz.com/mt/help/cookies].
We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.
3.5 Other services integrated via the websites
In addition, we jointly use the personal data set out below with MBAG (and the dealers, if applicable) in order to provide you with certain services/dashboard views in connection with WebParts and the After Sales Applications and Data Content via our websites.
a. Create vehicles
The "Create Vehicle" application enables you to manage a vehicle on the basis of its vehicle identification number ("FINNIN") in order to simplify the use of the after sales services (including the search for vehicle spare parts and information on repair instructions, retrofitting options, fault diagnosis keys and other checklists as well as information on working hours, prices (incl. agreed conditions, if applicable) service packages and supplementary information in order to provide a precise cost estimate and efficient repair implementation, access to the Digital Service Booklet), for which further information is provided in the respective data protection policies.
In order to create and display specific vehicles in this application, the processing of your end customer's FINNIN and your UMAS registration data is required which can be selected during the process.
The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para. 1 s.1 b) GDPR), for all other information the mutual interest (Art. 6 para. 1 s. l f) GDPR).
We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.
b. Order history / dealer / account
Furthermore, we enable you to view via our websites (i) which products have been purchased by you via WebParts and in the form of After Sales Applications and Data Content (including how long they will remain available), (ii) which dealers you have selected and (iii) which other users are registered for your organisation.
The use requires the processing of your UMAS registration data as well as the registration data of other users of your organisation and your order information. The legal basis for the processing of this data is the performance of the contract (Art. 6 para. 1 s.1 b) GDPR).
We collect the personal data set out under this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.
c. B2B Connect Seller Center
Upon request you may decide to let pre-selected dealers support you with complaints or other requests concerning a transaction via the platform through the B2B Connect Seller Center ("Seller Center''). Subject to your prior confirmation, a selected dealer may receive access to your service requests (e.g. tickets) in order to provide support. Such a support is provided only in the relationship between you and the respective dealer and occurs exclusively under the responsibility of the latter who is acting as a controller in the meaning oft he GDPR. The legal basis for allowing the dealer to access the relevant data is the legitimate interest to allow for a most efficient operation of the services and their use by you (Art. 6 para. 1 s.1 f) GDPR).
d. 5*Rater
In addition, an evaluation tool is made available to you for evaluating the performance of the dealers via WebParts as well as these websites. This is intended to improve the performance of the dealers and these websites.
When you use the 5*Rater, the order number and order status (if related to a product) as well as your UMAS registration data and feedback are processed. This data will also be passed on to the dealers so that they can contact you if necessary in order to implement your feedback accordingly.
The legal basis for the processing of this data is a direct implementation of your feedback as performance of contract comprehending the 5*Rater as a voluntary service (Art. 6 para. 1 s.1 b) GDPR), possibly also your consent (Art. 6 para. 1 s.1 a) GDPR) by means of our Consent Management System, if the data is used for purposes of intemal analysis. You can obtain further information and decision-making Options here: https://b2bconnect.mercedes-benz.com/mt/help/cookies.
We collect the personal data set out under this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.
3.6 Business analyses and marketing campaigns
For market research and intemal business analysis purposes, dealers and we provide MBAG with specific data relating to aftersales service transactions via WebParts, including invoice number, or parts/services that have not been sold ("lost sales"), FINNIN, dealer ID, information on products, parts or services sold, registration number (UK only), first registration and mileage of a vehicle.
When processing the data, it may be supplemented by other information known to MBAG about the transmitted vehicle, its model, series, equipment or its parts and components. As a rule, this processing is carried out to improve the quality of the data transmitted by the dealer ( e.g. addition of the date of first registration if the dealer has not entered this).
The transmitted data may also be used by MBAG in anonymised form for other processing purposes, such as statistical and analysis purposes.
a. Business analyses
Based on the data provided, MBAG performs customary aftersales and business analytics evaluations for further use by the respective dealers and us ( e.g. to determine how many products of a certain type have been sold in a country or to validate pricing models). MBAG employees engaged in these tasks are not able to attribute the data provided to any natural person. The results produced as part of these tasks are limited to aggregated reports that do not contain any personal data. MBAG and its employees operate strictly in accordance with the need-to-know principle and have implemented specific safeguards to ensure the processing of such data in accordance with its stated purposes.
The legal basis for this type of processing is the legitimate interests of us, the dealers and MBAG (Art. 6 para. 1 s. l f) GDPR), which is to operate the most efficient sales systems possible. The lawfulness of the processing for the business analyses forms the legitimate interest of us, the dealers and MBAG (Art. 6 para. 1 s. l f) GDPR), which consists in improving the effectiveness of sales and intemal business processes.
b. Marketing campaigns
In some markets, MBAG may process the above data to assist dealers and us in conducting direct marketing campaigns. MBAG may also centrally manage and send relevant marketing campaigns and materials to end customers in the name of and on behalf of the aforementioned. In some markets we may provide similar services to dealers.
All these activities are carried out exclusively on behalf of the dealers and us (if applicable, data processing on behalf pursuant to Art. 28 GDPR).
We collect the personal data set out in this section directly from you by you having provided the personal data yourself or indirectly from your activities on our websites.
3.7 Newsletter
lf you subscribe to a newsletter offered on our websites, the data provided when registering for the newsletter will be used solely for the purpose of mailing the newsletter, unless you consent to its use for additional purposes. Y ou may unsubscribe at any time by using the unsubscribe option provided in the newsletter.
To register, you must provide us with your email address. You can voluntarily provide us with additional information, such as your name. The registration takes place in a so-called double opt-in procedure. After registration, you will receive a confirmation email from us in which you must confirm the registration again. This entire process is documented and stored. This includes the storage of the registration and confirmation time as well as your IP address.
The legal basis for the processing of personal data in connection with the sending of the newsletter is your consent (Art. 6 para. 1 s. l a) GDPR).
You can revoke your consent to the processing of your personal data in connection with the sending of the newsletter at any time by cancelling the newsletter. For this purpose, please use the provided link at the end of the newsletter to cancel. The legality of the data processing already carried out remains unaffected by the revocation.
3.8 Use due to legal obligation
In addition, we use your personal data if we are legally obliged to do so ( e.g. storage to comply with commercial or tax retention obligations, disclosure in accordance with official or court orders, e.g. to a law enforcement agency).
In this case, the legal basis for the processing of personal data is the fulfilment of legal requirements (Art. 6 para. 1 s. l c) GDPR). Your personal data will be deleted immediately if it is no longer required for the fulfilment of legal obligations.
4. Transfer of personal data to third parties; social plug-ins; use of service providers
a. Our websites may also contain offers from third parties. When you dick on such an offer, we transmit data to the respective provider to the extent necessary ( e.g. the information that you found this offer on our website and, if applicable, further information that you have already provided for this purpose on our websites).
b. If we use so-called "social plug-ins" from social networks such as Facebook and Twitter on our websites, we integrate these as follows: When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you wish to use one of the networks, dick on the respective social plug-in to establish a direct connection with the server of the respective network.
If you have a user account with the network and are logged in at the time the social plug-in is activated, the network can assign your visit to our website to your us~r account. If you wish to avoid this, please log out of the network before activating the social plug-in. A social network cannot associate a visit to other (Mercedes-Benz) websites with your user account unless you have also activated a social plug-in there.
When you activate a social plug-in, the network transmits the content that becomes available as a result directly to your browser, which integrates it into our websites. In this situation, data transfers may also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers that take place between the network and your system and your interactions on this platform are governed exdusively by the data protection policies of the respective network.
The social plug-in remains active until you deactivate it or delete your cookies (see section 5.d).
The legal basis for this type of processing on our websites is our legitimate interest (Art. 6 para. 1 s. l f) GDPR), which is to enable you to use the social plug-ins, which you indicate by clicking on them.
c. When you dick on the link to an offer or activate a social plug-in, personal data may be transferred to providers in countries outside the European Economic Area which, from the perspective of the European Union ("EU"), do not ensure an "adequate level of protection" for the processing of personal data in line with EU standards. Please bear this in mind before dicking on a link or activating a social plugin and thereby triggering a transfer of your data.
d. We also use qualified service providers (e.g. IT service providers, marketing agencies) to operate, optimise and secure our websites. We only forward personal data to them insofar as this is necessary for the provision and use ofthe websites and their functionalities, for the pursuit of legitimate interests (both Art. 6 para. 1 s.1 f) GDPR), for the fulfilment of legal obligations (Art. 6 para. 1 s.1 c) GDPR) or insofar as you have consented to this (Art. 6 para. 1 s.1 a) GDPR). You can find more details on the recipients (in case of consent) in our Consent Management System: https://b2bconnect.mercedes-benz.com/mt/help/cookies.
5. Cookies
a. Cookies may be used when visiting our websites. Technically, these are so-called HTML cookies and similar software tools such as web/DOM storage or local shared objects (so-called "flash cookies"), which we refer to collectively as cookies.
b. Cookies are small files that are stored on your desktop, notebook or mobile device when you visit a website. From these, it is possible to recognise, for example, whether there has already been a connection between the device and the websites, to take into account your preferred language or other settings, to offer you certain functionalities (e.g. online shop, vehicle configurator) or to recognise your interests on a usage basis. Cookies may also contain personal data.
c. Whether and which cookies are used when you visit our websites depends on which areas and functions of our websites you use and whether you consent to the use of cookies that are not technically necessary in our Consent Management System. For more information and decision-making options, please click here: https://b2bconnect.mercedes-benz.com/mt/help/cookies
d. The use of cookies also depends on the settings of the web browser you use ( e.g. Microsoft Edge, Google Chrome, Apple Safari, Mozilla Firefox). Most web browsers are preset to automatically accept certain types of cookies; however, you can usually change this setting. You can delete existing cookies at any time. You can delete web/DOM storage and Local Shared Objects separately. You can find out how this works in the browser or device you are using in the provider's instructions.
e. Consent (= approval) to cookies as weil as rejection or deletion of cookies are linked to the device used and also to the web browser used in each case. If you use several devices or web browsers, you can make the decisions or settings differently in each case.
f. If you decide against the use of cookies or delete them, it is possible that not all functions of our websites or individual functions will only be available to you to a limited extent.
6. No obligation to provide
The provision of personal data by the data subjects (you, end customers) is generally voluntary. In principle, there is neither a legal nor a contractual obligation on the part of the data subjects to provide the data. However, in the event of non-provision of personal data (such as the FINNIN), it may be that individual services or parts thereof cannot be provided or cannot be provided properly. In individual cases, the provision may even be required by law (e.g. in the case of mandatory recalls).
7. Security
We use technical and organisational security measures in order to protect your data we have under our control/managed by us against manipulation, loss, destruction and against access by unauthorised persons. We continuously improve our security measures in line with technological developments.
8. Deletion of your personal data
Your IP address and the name of your intemet service provider, which we store for security reasons, are deleted after seven days as described above. Storage beyond this period is possible. In this case, the IP addresses are deleted or alienated so that it is no langer possible to assign the calling dient.
Otherwise, we delete your personal data as soon as the purpose for which we collected and processed the data no langer applies. Beyond this time period, data storage only takes place to the extent made necessary by the legislation, regulations or other legal provisions to which we are subject in the EU or by legal provisions in third-party countries if these have an appropriate level of data protection. Should it not be possible to delete data in individual cases, the relevant personal data are flagged to restrict their further processing.
9. Data subjects' rights
a. As a data subject (person) affected by data processing, you have the right to information (Art. 15 GDPR), correction (Art. 16 GDPR), data deletion (Art. 17 GDPR), restriction of processing (Art. 18 GDPR) and data portability (Art. 20 GDPR).
b. If you have consented to the processing of your personal data by us, you have the right to revoke your consent at any time. The lawfulness of the processing of your personal data until revocation is not affected by the revocation. Likewise, further processing of this data on the basis of another legal basis, such as for the fulfilment of legal obligations, remains unaffected.
c. Riqht to object:
You have the right to object at any time, for reasons relating to your Particular situation, to the processinq of personal data relating to you which is carried out on the basis of Art. 6 Para 1 s.1 e} GDPR (data processing in the Public interest} or Art. 6 Para. 1 s.1 f} GDPR (data processing on the basis of a balance of interests}. lf you object, we will only continue to process your personal data if we can demonstrate compelling legitimate grounds for doing so that override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. lf we process your personal data for the purpose of direct marketing to protect legitimate interests on the basis of a balance of interests, you also have the right to object to this at any time without giving reasons.
d. W e ask you to send your claims or explanations to the following contact address if possible: dialog@mercedes-benz.com
e. If you believe that the processing of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR).
10. Automated decisions
We will not use your personal data to make automated decisions (including profiling) about you that have legal effect on you or similarly significantly affect you.
11. Mercedes-Benz AG Central Access Service
With the Central Registration Service offered by Mercedes-Benz AG, you can sign up for every website and application belonging to the Mercedes-Benz Group and its brands that are connected to the service. The applicable terms of use contain specific data protection provisions. Those terms of use can be found on the registration pages of affiliated websites and applications.
12. Data transfer to recipients (outside the European Economic Area)
12.1. Recipients in general
We share your personal data with the following recipients:
a. W e use processors to process personal data for the above purposes, who process the personal data on our behalf. We retain control over the respective personal data and remain the data controller.
b. For payment processing in the course of orders, we transmit payment details to banks or payment service providers if required by the payment method.
c. In individual cases, we may, at your request, share the personal data required for the order with our international representative offices (other companies in the group of companies). Unless there is an adequacy decision of the European Commission for the respective third country outside the European Economic Area, this is done for the performance of a contract ( on the basis of Art. 49 para. 1 b) GDPR).
d. We transmit personal data in individual cases to courts, law enforcement agencies, supervisory authorities, other authorities, tax advisors and lawyers if this is legally permissible and necessary.
12.2 Recipients outside the European Economic Area
a. When using service providers (see section 4. d.) and passing on data with your consent (= approval) to third parties (see for example section 5), personal data may be transferred to recipients in countries outside the European Union ("EU"), Iceland, Liechtenstein and Norway (= European Economic Area) and processed there, in particular USA, India.
b. In the following countries, there is an adequate level of protection for the processing of personal data from the EU's perspective (so-called adequacy decision): Andorra, Argentina, Canada (limited), Faroe Islands, Guemsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay. With recipients in other countries, we agree to apply EU standard contractual clauses, binding corporate rules to provide an "adequate level of protection" in accordance with legal requirements. We will be happy to provide you with information on this via the contact details mentioned in point 9.d. above.
Status: November 2022
Legal Information
Copyright
Copyright 2021 Auto Sales (Mer) Ltd. All rights reserved. All texts, images, graphics, sound, video and animation files and their arrangements are subject to copyright and other intellectual property protection. They may not be copied for commercial purposes or distribution, nor may they be modified or used on other websites. Some Mercedes-Benz AG websites also contain content that is subject to the copyright rights of their providers.
Products and Prices
Changes to products and services may have occurred after the editorial closing date for individual web pages. The manufacturer reserves the right to make design or shape changes, deviations in color shade and changes in the scope of delivery or services during the delivery period, provided that such changes or deviations are reasonable for the customer, taking into account the interests of Mercedes-Benz AG. The illustrations may also contain accessories, special equipment or other items which are not part of the standard scope of delivery or performance. Color deviations are due to technical reasons. Individual web pages may also contain types and services that are not offered in individual countries. Statements about legal and fiscal regulations and effects are only valid for the Republic of Malta. Unless otherwise stipulated in the terms of sale or delivery, the prices valid on the day of delivery shall apply. For our contractual partners, the prices are non-binding recommended prices. Therefore, please ask a branch office or a contractual partner for the latest status.
Trademarks
Unless otherwise indicated, all marks displayed on Mercedes-Benz AG Internet sites are trademarks of Mercedes-Benz AG, including but not limited to model names, logos and emblems of the company.
License Rights
Mercedes-Benz AG would like to offer you an innovative and informative Internet program. We therefore hope that you will enjoy our creative design as much as we do. However, please understand that Mercedes-Benz AG must protect its intellectual property, including its patents, trademarks and copyrights, and that no license to Mercedes-Benz AG's intellectual property is granted by these websites.
Notes on forward-looking statements
This website contains forward-looking statements regarding our current assessment of future events. Words such as "anticipate," "assume," "believe," "estimate," "expect," "intend," "may," "plan," "project," "should" and similar expressions mark such forward-looking statements.
These statements are subject to a number of risks and uncertainties. Examples include
an unfavorable development of the global economic situation, in particular a decline in demand in our most important sales markets,
a deterioration in our refinancing opportunities in the credit and financial markets,
unavoidable events of force majeure such as natural disasters, acts of terrorism, political unrest, armed conflicts, industrial accidents and their consequences for our sales, purchasing production or financing activities,
changes in exchange rates and customs regulations,
a change in consumer behavior towards smaller and less profitable vehicles or a possible loss of acceptance of our products and services with the consequence of an impairment in the enforcement of prices and in the utilization of production capacities,
price increases for fuels and raw materials,
interruptions in production due to material shortages, staff strikes or supplier insolvencies,
a decrease in resale prices of used vehicles,
the successful implementation of cost reduction and efficiency improvement measures,
the business prospects of the companies in which we hold significant shares,
the successful implementation of strategic cooperation and joint ventures,
changes in laws, regulations and official guidelines, in particular those concerning vehicle emissions, fuel consumption and safety,
as well as the completion of ongoing official investigations or investigations initiated by authorities and the outcome of pending or potential future legal proceedings
If any of these uncertainties or imponderables materialize, or if the assumptions underlying any of these forward-looking statements prove to be incorrect, actual results may differ significantly from those expressed or implied by those statements.
We neither intend nor undertake any obligation to update forward-looking statements on an ongoing basis, as these are premised solely on the circumstances on the day of publication.
Liability
The information and details on these web pages do not constitute any assurance or guarantee, whether explicit or implicit. In particular, they do not constitute an implied commitment or guarantee regarding the condition, merchantability, suitability for certain purposes or the non-violation of laws and patents.
On our website you will also find links to other sites on the Internet. We would like to point out that we have no influence on the design and content of the linked websites. Therefore, we cannot assume any liability for the topicality, correctness, completeness or quality of the information provided there. For this reason, we hereby distance ourselves from all contents of these websites. This declaration applies to all links contained on our websites that refer to external websites and their contents.
Information pursuant to § 36 Consumer Dispute Settlement Act (VSBG)
Mercedes-Benz AG will not participate in and is not obliged to participate in any dispute resolution proceedings at a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (VSBG).
Priority
Terms of use for a digital service take priority over these legal notices.
All Terms of Use
General Terms and Conditions for the Use of Time Credits/Slices (PDF)
General Terms and Conditions for the Supply of Workshop Equipment (PDF)
General Terms and Conditions for the Use of XENTRY Pass Thru EU and XENTRY Diagnosis Lite (hereinafter “Open Shell Software”) (PDF)
General Terms and Conditions regarding the Use of Applications and Data Content for After-Sales (PDF)
General Terms and Conditions for the Purchase of XENTRY Diagnosis Kit 4, XENTRY Diagnosis Kit 4 Scope, XENTRY Scope, Retail Data Storage 2 and XENTRY Diagnosis COM Kit (PDF)
Terms of Use for
Mercedes-Benz B2B Connect, WebParts, After Sales Applications and Data Content
1. General information
1.1 The Mercedes-Benz B2B Connect platform (hereinafter referred to as "B2B Connect") is an information and trading platform that provides an overview of and access to repair and service information and Mercedes-Benz genuine parts.
The customers will have access to the online sales of Mercedes-Benz genuine parts - to the extent applicable in their respective country -, which is provided via the WebParts system (hereinafter referred to as "WebParts") WebParts gives customers the opportunity to research Mercedes-Benz genuine parts independently, as weil as to view prices and availability of genuine parts and order them from their Mercedes-Benz authorized partner. In addition, WebParts offers customers further advantages such as access to sales activities of your Mercedes-Benz authorized partner as weil as order management including templates.
Besides, the customers get access to the online distribution of repair and service information, which is carried out as part of B2B Connect, including maintenance information, diagnostic solutions, workshop equipment (hereinafter referred to as" After Sales Applications and Data Content").
B2B Connect, WebParts and After Sales Applications and Data Content are hereinafter jointly referred to as "Systems".
Finally, as part of B2B Connect, the customers may use an evaluation tool, which enables the customers to evaluate the Systems and the performance in this regard and provide feedback (hereinafter referred to as "S*Rater").
1.2 The provider of the B2B Connect and WebParts is Auto Sales (Mer Ltd) with registered office in Malta (hereinafter referred to as called "ASML"). The provider of the After Sales Applications and Data Content which are available for purchase and use via B2B Connect within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom is Mercedes-Benz AG with its registered office in Stuttgart (hereinafter referred to as "MBAG"). Outside of those territories the provider of the After Sales Applications and Data Content shall be ASML.
1.3 The Systems belang to and are technically supported by MBAG. The Systems are offered and intended exclusively for commercial customers within the meaning of Section 14 of the German Civil Code (BGB), i.e. for B2B and independent contractors who carry out repair and maintenance services for motor vehicles (hereinafter referred to as "Customers"). The use of the systems by end customers and consumers is expressly not permitted.
1.4 The permission to make use of the Systems depends on their availability in each country and the acceptance of the Customer's application for admission (see registration process in Sec. 2.2 hereunder) which is made by an email confirming admission. In its application for admission, the Customer shall specify its organization and organization address as weil as the Customer administrator's name and email address. Additional users of an organization can solely be created by the Customer administrator. Per organization only one administrator is permitted. In addition, the Customers must belang to the authorized group of persons of the respective System. Conditions for becoming an authorized user are set out below in these terms of use (hereinafter referred to as "Terms of Use"). The sole acceptance of these Terms of Use does not imply any claim by the Customer to the provision of all the above-mentioned Systems.
1.5 These Terms of Use define the rules of use of the Systems by the Customers.
2. Technical requirements, registration and accounts, use policy, license
2.1 In order to use the Systems, Customers need a standard PC/laptop and a browser compatible with modern web standards.
2.2 To use the Systems, a registration and account creation via the UMAS system of MBAG is required. For the registration and account creation the terms of use and data protection regulations for UMAS apply. Once the Customer has created such an account and has received confirmation of it through MBAG via email, Customer is an authorized user of the B2B Connect Platform and the other Systems accessible through it. The use of other Systems, however, being subject to separate conditions, terms of use and additional data protection notices as set out below.
2.3 The Customer undertakes not to disclose his account data assigned to him or his staff (e.g. his employees) to any unauthorized person (in particular anyone outside the Customer's organization). ASML excludes any liability for the misuse of user account 10 and password in the Customer's organizational unit.
2.4 ASML reserves the right to block a Customer / a Customer's user in the event of signs of improper use. A use shall be deemed improper in particular where a Customer uses the Systems or information provided therein outside the intended use purposes, uses the system for illegal purposes or purposes violating the rights of ASML or third parties or uses the Systems in non-compliance with additional guidelines as provided for by ASML. Accordingly, the Customer warrants that the details furnished by it to ASML in particular in connection with its application for admission under Sec. 1.4 are true and complete. The Customer undertakes that it shall notify ASML promptly of all future changes to the details given. The same shall apply with respect to all details the Customer furnishes when setting up further accounts for authorized users. Besides that, the Customer undertakes to ensure that the hardware and software employed by him in the use of B2B Connect, including work-station computers, routers, data communication systems and so forth are free from any viruses, worms, Trojan horses, etc. With regard to any data uploaded by the Customer, the Customer undertakes to ensure that he is the holder of all rights in the uploaded data and may freely dispose over the use, including that the uploaded data is not encumbered with third-party rights, which stand opposed to such a use.
2.5 Subject to Customer's compliance with these Terms of Use, ASML or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use of B2B Connect, WebParts and After Sales Applications and Data Content for its own commercial purposes. All rights not expressly granted to Customer in these Terms of Use are reserved and retained by ASML or its licensors. The Customer is not entitled to allow third parties outside of its organization access to B2B Connect. This does not apply to third parties performing operational tasks on behalf of the Customer in connection with the use of DSB. Customer may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of B2B Connect, WebParts or After Sales Applications and Data Content without ASML's express written consent.
3. Availability of the services
3.1 There may be interruptions in availability due to maintenance required for the website. lnterruptions in availability may occur due to force majeure or other causes beyond the control of ASML.
3.2 ASML points out
1) that it is technically impossible to make the Systems available free of errors of any kind and that the provider therefore assumes no responsibility whatsoever,
2) that errors can lead to temporary shutdown of the Systems,
3) that the availability of the Systems is dependent on conditions and performance beyond the control of ASML, such as transmission capacity and telephone links between the various parties involved. ASML is not responsible for disruptions falling within this area.
4. Mandatory instructions for use for B2B Connect, B2B Connect Seller Center
B2B Connect provides a service that allows the Customer to create vehicles to enable quicker location of parts and technical information matching the respective end-customer vehicle. By accepting these Terms of Use, the Customer agrees to provide the end-customer with all relevant information and ensure that Customer is entitled to use personal data of an end-customer in this context in accordance with applicable laws, especially with regard to the vehicle identification number ("FIN/VIN") of the end-customer vehicle, the vehicle registration number and the end-customer name, if applicable and such data being entered.
Upon request Customer may receive support from a pre-selected Mercedes-Benz authorized partner through the B2B Connect Seller Center ("Seller Center") which enables the selected Mercedes-Benz authorized partner to support with complaints or other requests concerning B2B Connect and WebParts. Subject to prior confirmation, the selected Mercedes-Benz authorized partner receives access to Customer's service requests (e.g. tickets) in order to provide support. Such a support is provided only in the relationship between Customer and Mercedes-Benz authorized partner and exclusively und er the responsibility of the latter. MB Xis not assuming any responsibility for Mercedes-Benz authorized partner's use of Seller Center or additional support provided to Customer rendered thereunder. Section 10 shall, however, remain unaffected.
5. Further provisions for the use of WebParts
5.1 The Customer may navigate to WebParts via 828 Connect. However, in order to purchase parts via WebParts, the Customer will have to accept separate terms of use and be activated for online ordering by the respective Mercedes-Benz authorized partner. Afterwards, Customer will be able to purchase parts directly via WebParts from Mercedes-Benz authorized partners. Such a purchase will be based on general terms and conditions and data protection provisions or notifications of the Mercedes-Benz authorized partner, which is the contracting partner of the Customer. Payment will be executed separately and be governed by the general terms and conditions of the Mercedes-Benz authorized partner.
5.2 Customer can select parts from the Mercedes-Benz authorized partners and collect them in a so-called shopping cart by clicking on the button "Acid to cart".
5.3 The offering of parts shall not constitute any legally binding offers within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids ("invitatio ad offerendum"). Where a Mercedes-Benz authorized partner and a Customer have not made any agreement to the contrary, by clicking the button "send order'' Customer submits a binding application to purchase the parts and a contract shall be deemed formed at such time as the Mercedes-Benz authorized partners accept the order of a Customer by forwarding an order acceptance. The order acceptance may either be sent by Mercedes-Benz authorized partner in electronic form or generated in WebParts itself. In this respect, MB X only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, the Customer can change and view the data at any time.
5.4 If the Customer wishes to have an introduction to WebParts, these will be offered by Mercedes-Benz authorized partners. Alternatively, corresponding manuals for the system can be found at https://webparts.mercedes-benz.com/.
5.5 When ordering parts from the Mercedes-Benz authorized partner via WebParts, company data of the Mercedes-Benz authorized partner will be displayed in the system, as well as corresponding discount information from their Mercedes-Benz authorized partner. When ordering parts Mercedes-Benz authorized partner will receive order details ((number of) ordered parts, order number) including company details (organization name and address, user name, email, phone number) referring to the Customer and the relevant transaction. This information is used for online parts ordering and associated measurement of market acceptance and further development of the system.
5.6 Certain information with regard to Customers transaction as executed via WebParts will be provided to MB X tobe displayed to Customer within B2B Connect, including the order history, specific information of purchased parts, etc.
5.7 Further information regarding the processing of the Customers' personal data which is forwarded to the Mercedes-Benz authorized partner in order to enable the purchase of parts, may be set out in the privacy policy or related terms of the respective Mercedes-Benz authorized partner.
5.8 The Mercedes-Benz authorized partners, MB X and MBAG assume no liability whatsoever for missing or incorrect information such as, for example, on installation, prices and discounts. The availability of parts shown is based on experience and is not binding. A delivery period is not agreed.
6. Further provisions for the use of After Sales Applications and Data Content
6.1 If ASML is located within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, when ordering After Sales Applications and Data Content via B2B Connect, Customer will purchase the respective services directly from MBAG. lf ASML is located outside of the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, After Sales Applications and Data Content will be purchased from ASML. For the actual purchase of After Sales Applications and Data Content the general terms and conditions including related data protection provisions and notifications of MBAG or ASML will apply.
6.2 Customer can select After Sales Applications and Data Content and collect them in a so-called shopping cart by clicking on the button "Add to basket".
6.3 The offering of After Sales Applications and Data Content shall not constitute any legally binding offers within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids (,,invitatio ad offerendum"). Where ASML or MBAG and a Customer have not made any agreement to the contrary, by clicking the button "confirm order and pay" Customer submits a binding application to purchase the After Sales Applications and Data Content and a contract shall be deemed formed at such time payment was successful and as ASML or MBAG accepts the order of a Customer by forwarding an order acceptance. The order acceptance will be sent in electronic form. In this respect, ASML only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, Customer can change and view the data at any time.
6.4 Information regarding the processing of the Customers' or Customer's customers personal data through MBAG or ASML in the context of providing the After Sales Applications and Data Content is set out in the specific data protection regulations for After Sales Applications and Data Content.
7. Further provisions for the use of 5*Rater
7.1 When using the 5*Rater to rate the performance of a Mercedes-Benz authorized partner, certain information of the Customer, including Customer company name and purchase related information, will be forwarded to ASML and the Mercedes-Benz authorized partner that is concerned by the evaluation of the Customer.
7.2 Further details on how the information is used by MBAG, ASML or the Mercedes-Benz authorized partner is set out in the privacy policy for B2B Connect.
8. Copyright and database rights
8.1 All content included in or provided by the Systems, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections are all subject to copyright and other intellectual property laws. They may not be copied, either for commercial purposes or for redistribution, nor may they be modified and used on other websites. Some material is subject to the copyright of those parties who have made such material available.
8.2 Customers may not systematically extract and/or reuse essential parts of the Systems without explicit written permission from MBAG. In particular, they may not use data mining, robots or similar data collection and extraction programs to extract any essential parts of the Systems for reuse (whether once or several times) without the explicit written permission of MBAG. Furthermore, Customers may not create and/or publish an own database containing essential parts of the Systems without the explicit written permission of MBAG.
9. Claims from intangible property rights
MBAG respects the intangible property rights of third parties. lf a Customer is of the opinion that its intangible property rights have been used in a way that gives cause to fear an infringement, it has to follow the procedure for notifying ASML / MBAG of an infringement.
10. Liability
10.1 ASML always endeavours to ensure that the Systems are available without interruption and that transmissions are error-free. However, due to the nature of the Internet this cannot be guaranteed. Access to the Systems by the Customer may also be interrupted or restricted occasionally to enable repairs, maintenance or the introduction of new equipment. ASML will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.
10.2 Insofar as the liability of ASML is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10.3 With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either ASML or MBAG apply.
11. Links to other websites
11.1 For links to other websites that are not operated by ASML and the content located on such a website, ASML has no possibility to control t_he content of this website, as it is completely independent from ASML.
11.2 For this reason, ASML does not accept any responsibility for the contents of these websites and the consequences of their use by visitors to these websites. Accessing all websites accessible via links is at the Customer's own risk.
11.3 Other websites may have a link to the websites of ASML. Such a link requires the prior consent of ASML.
11.4 The terms of use there apply to the services of the websites of the links provided by the provider to the ASML products.
12. Changes to the Terms of Use
ASML is entitled to change the functions provided through B2B Connect (including After Sales Applications and Data Content) and WebParts contents if such a change would not require a change to these Terms of Use. ASML shall notify Customer in textual form (e.g. e-mail) at least one month prior to such change.
ASML shall be entitled to amend these Terms of Use to the extent such a change is neutral or beneficial to Customers unilaterally at any time. Otherwise, ASML shall notify Customer in textual form at least six (6) weeks prior to such a change. lf Customer does not object to such changes in textual form within four (4) weeks after having received such a notification the proposed changes shall become binding upon the parties six (6) weeks after the notification. ASML shall notify the Customer of the effect of not objecting to such changes together with such a notification. Customer shall have the right to object to such changes. If Customer objects, ASML shall have the right to terminate the Customers use of the Systems affected by such a change for cause.
With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either ASML or ASML apply.
Section 13 shall remain unaffected hereof.
13. Term and Termination
13.1 These Terms of Use commence on the acceptance of them and continue upon termination (textual form suffices with regard to all terminations under this § 13).
13.2 The Customer may terminate these Terms of Use anytime with a notice period of four weeks by which its right to use B2B Connect and WebParts ends accordingly.
With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.
13.3 ASML may cease providing B2B Connect and WebParts and may terminate Customer's right to use with a notice period of four weeks. With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.
13.4 Either Party may immediately terminate these Terms of Use for cause.
13.SA termination for cause shall in particular be possible in case of discontinuation of the main license. ASML rights to provide B2B Connect to the Customer derive from an agreement between MBAG and ASML. ASML may therefore terminate these Terms of Use without prior written notice to the Customer if its own rights to provide B2B Connect are terminated / not continued by MBAG.
14. Place of jurisdiction and applicable law
14.1 Differences of opinion and disputes arsing from these Terms of Use shall be governed exclusively by the law of Malta.
14.2The sole place of jurisdiction is the registered seat of ASML.
15. Final provisions
15.1 In the event of a violation of these Terms of Use, ASML is further entitled to exercise its rights at every opportunity in which the Customer violates these Terms of Use.
15.2 If any provision of these Terms of Use is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
15.3The invalidity of a provision shall not affect the validity of the other provisions of these Terms of Use. Should this case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.
Etienne M Attard
General Manager
10.3.2023
Status: January 2024
