Legal notice and Privacy policy

Legal Notice

 

Brand Addition GmbH - Official License Partner from Daimler Truck AG and Mercedes-Benz Trucks

Europastraße 19a

45888 Gelsenkirchen

Germany

 

Contact

E-mail: hagen@brandaddition.com

Telephone: +49 (0) 2331 95970

 

Represented by: Adelfo Marino, Claire Thomson

 

VAT number: DE125138579

Commercial Register: Hagen, HRB 1038

 

The EU Commission provides a platform for online dispute resolution: www.ec.europa.eu/consumers/odr

 

 

Privacy Policy

This Privacy Policy regulates and informs about the handling of personal data and data processing by:

Person responsible (i.S.d. General Data Protection Regulation (DSGVO) and other data protection laws in the member states of the European Union and other provisions with data protection character):

Brand Addition GmbH (“Brand Addition”), Europastraße 19a, 45888 Gelsenkirchen, Tel. +49 (0) 2331-95970, email MB-Trucks@brandaddition.com, represented by Adelfo Marino, registered in the commercial register of the district court Hagen under HRB 1038, VAT identification number: DE125138579.

Brand Addition is an independent data controller for processing of personal data conducted in connection with this webshop operated by Brand Addition.

Brand Addition is committed to protecting your personal data. This privacy notice will inform you as to how and why we process your personal data when you visit the webshop (regardless of where you visit it from) and about your privacy rights and how the law protects you.

“We” “us” “our” refers to Brand Addition.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and use your personal data through your use of the webshop, including any data you provide through our webshop when you sign up to our newsletter, purchase a product or register an account with us. The webshop is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Independent Data Controller

Brand Addition operates, hosts and maintains this webshop, administers your orders and determines which data is collected in connection with sales of goods made via the webshop and how and why that data is used.

Contact details

As all processing activities are conducted solely by Brand Addition, Brand Addition’s data privacy officer is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy officer using the details set out below:

Brand Addition’s data privacy officer’s contact details are:

JURANDO GmbH

Rathausplatz 21

D-58507 Lüdenscheid

Attn. Dr. Dennis Werner

+49 2351 66854-37

d.werner@jurando.de

 

 

2. The data we collect about you

Personal data, or personal information, means any information relating to an identified or identifiable natural person. It does not include data where the identity has been removed, i.e. it is no longer possible to identify a natural person (anonymous data).

We collect, use, store and transfer personal data that you provide us through the webshop or by using our webshop, or applications, corresponding with us by phone, e-mail or otherwise which we have grouped together as follows:

  • “Identity Data”includes first name, middle name, maiden name, last name, username, user type (i.e. Daimler Truck employee, affiliate or independent dealer) or similar identifier.
  • “Contact Data”includes billing address, delivery address, email address and telephone numbers.
  • “Financial Data”includes bank account and token data (received from a third party payment services provider).
  • “Transaction Data”includes details about payments to and from you and other details of products you have purchased from us and proof of delivery.
  • “Technical Data”(including cookies) includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this webshop.
  • “Profile Data”includes your username, purchases or orders made by you.
  • “Usage Data”includes information about how you use the webshop.
  • “Marketing and Communications Data”includes your preferences in receiving marketing from us and your communication preferences.

Please keep us informed if your personal data changes during your relationship with us.

We also create, use and share Aggregated Data such as statistical or demographic data for the purposes specified below. Aggregated Data is derived from your personal data but is not considered personal data when it is not possible to identify you directly or indirectly from the Aggregated Data. For example, we aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

3. How is your personal data collected?

In operating the webshop, Brand Addition will collect your personal data in the following ways:

  • Direct interactions. You provide us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you;
  • place an order for products through the webshop;
  • create an account on the webshop;
  • subscribe to newsletters;
  • request marketing to be sent to you; or
  • give us some feedback.

 

  • Automated technologies or interactions. As you interact with our webshop, we automatically collect Technical Data about your equipment, browsing actions and patterns. Where you have consented to the use of cookies or where the cookies are strictly necessary for the operation of the webshop, we collect this personal data by using cookies and other similar technologies on our webshop. Please click here to see our cookie policy and settings.


  • Third partiesWe receive personal data about you from various third parties as set out below:
  • Contact Data, Financial Data and Transaction Data from providers of technical, payment and delivery services based in the EU.

Where we need to collect personal data under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to enter into a contract or perform an existing contract (for example, to provide you with goods). In this case, we may be unable to process an order for a product or we may have to cancel a product you have ordered with us. We will notify you if this is the case at the time.

4. How we use your personal data

Purposes for which we will use your personal data

We have set out below a description of how we use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate (please see the Glossary below at paragraph 11 for an explanation of legitimate interest).

Note that we will process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting Brand Addition.

How we use your data:

  1. To register your account
  • Lawful basis: Performance of a contract with you and/or in order to take steps at the request of the data subject prior to entering into a contract
  • Types of personal data: Identity Data and Contact Data.

 

  1. To process and deliver your order
  • Manage payments, fees and charges
  • Lawful basis: Performance of a contract with you. Necessary for our legitimate interests (to recover debts due to us)
  • Types of personal data: Identity Data, Contact Data, Financial Data, Transaction Data and Marketing and Communications Data.
  • To dispatch goods and handle returns
  • Lawful basis: Performance of a contract with you.
  • Types of personal data: Identity Data, Contact Data and Transaction Data.

 

 

  1. To manage our relationship with you
  • Notifying you about changes to our privacy policy
  • Lawful basis: Necessary for a legal obligation
  • Types of personal data: Identity Data, Contact Data and Marketing and Communications Data.
  • Asking you to leave feedback, a review or take a survey
  • Lawful basis: Necessary for our legitimate interests (to promote customer satisfaction and learn how our customers use our products)
  • Types of personal data: Identity Data, Contact Data, Profile Data and Marketing and Communications Data.
  • Reviewing feedback and survey responses
  • Lawful basis: Necessary for our legitimate interests (to promote customer satisfaction and learn how our customers use our products)
  • Types of personal data: Identity Data, Contact Data, Marketing and Communications Data, Profile Data and Aggregated Data.
  • Handling customer complaints
  • Lawful basis: Necessary for the performance of a contract with you and necessary for our legitimate interests (to promote customer satisfaction and learn how customers use our products)
  • Types of personal data: Identity Data, Contact Data, Transaction Data, Marketing and Communications Data and Financial Data.

 

  1. To administer and protect our business and this webshop (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Lawful basis: Necessary to comply with a legal obligation (please see Glossary for a definition of comply with a legal or regulatory obligation) and necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
  • Types of personal data: Identity Data, Contact Data and Technical Data.

 

  1. To deliver relevant webshop content to you
  • Lawful basis: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
  • Types of personal data: Identity Data, Contact Data, Profile Data, Usage Data, Marketing and Communications Data, Technical Data and Aggregated Data.
  1. To use data analytics and map data flows to improve our webshop, products/services, marketing, customer relationships and experiences
  • Lawful basis: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our webshop updated and relevant, to develop our business and to inform our marketing strategy)
  • Types of personal data: Technical Data, Usage Data and Aggregated Data
  1. To make suggestions and recommendations to you about related goods that may be of interest to you and send marketing communications to you
  • Lawful basis: Necessary for our legitimate interests (to develop our products/services and grow our business, send you information where you have requested it) and Consent (with regard to electronic marketing communications)
  • Types of personal data: Identity Data, Contact Data, Technical Data, Usage Data, Profile Data, Marketing and Communications Data and Aggregated Data.

 

  1. To keep records of transactions and processing activities
  • Lawful basis:  Necessary for fulfilling a legal obligation (tax records, audit etc)
  • Types of personal data: Identity Data, Contact Data, Usage Data, Profile Data, Marketing and Communications Data, Technical Data and Financial Data.

 

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. We will inform you in advance if we process your personal data with other compatible purposes. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact Brand Addition.

Please note that we can process your personal data without your knowledge or consent, where this is required or permitted by law, but only to the extent it is in accordance with EU Data Protection Laws, such as if we are subject to a subpoena or court order requiring disclosure or assisting the authorities with an investigation.

 

Promotional offers from us

We will use your personal data as well as personal data of other data subjects to form a view on what we think our customers generally may want or need, or find interesting and use this information to send you offers and newsletters (we call this marketing). Please note that we do not conduct so called ‘profiling’ or ‘automatic decision making’. 

You will receive marketing communications from Brand Addition if you have requested information from us or have consented to receiving it and, in each case, you have not opted out of receiving that marketing.

Opting out

You can ask Brand Addition to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to communications that is not marketing related that we send you as a result of a product purchase, warranty registration, product experience or other transactions. 

 

5. Disclosures of your personal data

We share your personal data with the parties set out below (within the EU) for the purposes set out in in paragraph 4 above. This does not involve transferring your data outside the European Economic Area (EEA).

 

  • Internal third parties such as our contractors or officers.

 

  • Our external payment services provider, TeleCash GmbH & Co. KG, Marienbader Platz 1, 61348 Bad Homburg, Germany (“TeleCash”). Order payments are placed in a save Payment Gateway form TeleCash GmbH & Co. KG, Marienbader Platz 1, 61348 Bad Homburg, Germany.

 

  • Our external shipping/postal/courier providers to enable goods you order to be sent and delivered to you. Our default provider for courier shipments is DHL (DHL International GmbH or its group companies). For some delivery locations we may instead use Fedex (FedEx Express Germany GmbH or its group companies) or UPS (United Parcel Service Deutschland S.à r.l. & Co. OHG or its group companies). For pallet shipments, sea or airfreight we may use various providers including Schenker (Schenker Deutschland AG or its group companies) or Kühne + Nagel (Kühne + Nagel (AG & Co.) KG or its group companies).

 

  • Other external third parties such as specialist IT support, marketing services, EDI services, secure paper shredding service provider or designers to personalize your products.

 

We require all third parties to respect the integrity and security of your personal data and to treat it in accordance with EU data protection laws. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for Brand Addition’s specified purposes and in accordance with our instructions.

 

6. Transfers outside of the EEA

Where goods are to be stored at, or delivered to, a destination outside of the EEA, we may need to share your Identity Data, Contact Data with our group companies located outside the EEA (such as Brand Addition GmbH in England) to process that personal data so that they can identify, track, store and/or deliver the goods. Brand Addition has entered into standard contractual clauses with its relevant group companies located outside the EEA and requires them to apply the same appropriate security and organisational measures to ensure that personal data is shared and processed in accordance with EU data protection laws

Brand Addition uses a subcontractor in India providing Webshop development and management of the hosting environment. The subcontractor may have access to your personal data from India, but may not store or copy your personal data. Brand Addition has entered into standard contractual clauses with such subcontractor and taken appropriate security and organisational measures to ensure that the access from India is in accordance with EU data protection laws and is otherwise secure.

 

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority of a breach where we are legally required to do so.

 

8. Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

We retain your personal data as follows:

  1. Account registration and maintenance, managing our relationship with you such as request feedback, review or survey and review responses(i.e. Purpose 1 and 3.a 3.b and 3.c) - Once you have registered an account with the webshop, your account details will be kept in our database, unless deleted by you or if you ask Brand Addition to delete the details. Brand Addition will also delete your account, approximately two years after the account was last active.
  2. Marketing(i.e. Purpose 7) – Brand Addition will retain your personal data that we process with your consent for marketing purposes until such time as your consent is withdrawn. Two (2) years after you give consent for marketing purposes, Brand Addition will ask you to re-confirm your consent. If consent is not re-confirmed, then within three (3) months, your personal data will be deleted from the webshop’s marketing database. If Brand Addition becomes aware that an email address is not current or functional, we will remove that email address from the database and then delete it within three (3) months. For avoidance of doubt, if you withdraw your consent or your consent is not re-confirmed, Brand Addition will not conduct any marketing that is necessary for our legitimate interests.
  3. Process and delivery of orders, returns etc and queries/complaints relating to such orders(i.e. Purpose 2 and 3.d); - Brand Addition will retain all data relating to your orders, deliveries, returns and associated queries for the applicable limitation period under applicable national laws relevant for claims for breach by Brand Addition of any contract between you and Brand Addition for merchandise. Please contact Brand Addition for further information on limitation period.
  4. To keep records of transactions and processing activities(i.e. Purpose 8)- Brand Addition will retain all financial data provided or generated in connection with your orders for the legal retention period for tax, audit and associated reports/accounting.
  5. To operate the webshop, provide support, deliver web content to customers etc (i.e. Purpose 4 and 5). - Brand Addition will maintain this data for the duration of its agreement with Daimler Truck AG and the applicable limitation period relevant for claims for breach of its contract with Daimler Truck AG.
  6. To use data analytics and map data flows to improve the webshop, products/services, marketing, customer relationships and experiences (i.e. Purpose 6). – This data will be retained in accordance with the webshop cookie policy and the settings you have selected on your device. Please click here to see our cookie policy and settings.

At the end of each retention period, Brand Addition will delete your personal data (for example deleting your account or the data held in the applicable database).  However, if such data is necessary to fulfil other purposes, Brand Addition will keep your personal data but only to process it for such other purposes.

Where Brand Addition relies on the legal retention period, at the end of the legal retention period personal data held in databases will be deleted, paper documents containing personal data will be securely shredded by a certified third party service provider and personal data stored in other electronic documents will be deleted.

 

9. Your legal rights

Under certain circumstances, you have rights under EU data protection laws in relation to your personal data. If you wish to exercise any of the rights set out below, please contact Brand Addition.

Marketing

We will inform you (before collecting your data) if we intend to use your data for marketing purposes. We will only use your data for this if you have opted in.  You have the right to opt out at any time.

Correction of information

 If you notify us that the personal data we hold is incomplete or inaccurate we will correct or complete the information as soon as possible.

Deletion of personal data

You have the right to request that your personal data be deleted in certain circumstances including if we no longer need it for the purpose we collected it, or, where our legal basis for processing is that you have given consent, you withdraw your consent.

Following such a request we will erase your personal data without undue delay unless continued retention is necessary and permitted by EU data protection laws.

Object to processing

You have the right to object to us processing your personal data where we are relying on our legitimate interest on grounds of your particular situation. The processing that you object to will then stop unless we can demonstrate that we have compelling legitimate grounds to process your information which override your interests, rights and freedoms, such as our interest to keep the data for the establishment, exercise or defence of legal claims. You also have the right at any time to object to our processing of your personal data for direct marketing purposes.

Restriction on processing

You have the right to request that we suspend processing your personal data, but hold it for you, in the event the personal data we hold is inaccurate, the processing is unlawful or we no longer need the personal data. Once the processing is restricted, we will only continue to process your personal data by storing it and if you consent or we have another legal basis for doing so, for example when it is necessary to establish, exercise or defend legal claims.

Access to information

You have the right to obtain confirmation from us as to whether we are processing any of your personal data and, if so, details of the personal data and how we are processing it. In addition you have the right to request a copy of the information held about you. Any such request will usually be free of charge. We will endeavor to provide information in a format requested, but we may charge you a reasonable fee for additional (duplicate) copies based on our administrative costs.

Data Portability

You have the right, in certain circumstances, to receive a copy of your personal data which you gave to us digitally. The copy will be provided in a commonly used and machine-readable format. You can also have it transmitted directly from us to another data controller, where reasonably technically possible.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Withdraw consent at any time

You may withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

The right to complain to your supervisory authority

You have the right to complain to the supervisory authority if you believe we are in breach of our data protection obligations. You may complain to the supervisory authority of your habitual residence, place of work or of an alleged infringement of our data protection obligations.  You can find information about the relevant supervisory authority here: https://edpb.europa.eu/about-edpb/board/members_en.

What we need from you when you exercise your rights

We will request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We will respond to all requests without undue delay and in any event within one month of receiving your request. However, occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

10. MISCELLANEOUS

Changes to Policy

We may amend and update this policy from time to time. Any changes in the future will be posted on this page and you will be notified in an appropriate manner. The date of the latest update to this privacy policy is set out at the top of this policy.

11. Glossary

  • “Legitimate Interest”means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities on the basis of legitimate interest where our interests are overridden by the impact on you. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  • “Performance of Contract”means processing your data where it is necessary for the performance of a contract to which you are a party (such as an order you place) or to take steps at your request before entering into such a contract.
  • “Comply with a legal or regulatory obligation”means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to, however only to the extent such processing is in accordance with EU Data Protection Laws.