The controller as per the Personal Data Protection Act B.E. 2562 (2019) (PDPA) is:
Mercedes-Benz (Thailand) Ltd. ("We")
20th Floor, AIA Sathon Tower
11/1 South Sathon road, Yannawa
Sathon, Bangkok, Thailand
Data Protection Officer: Mercedes-Benz (Thailand) Ltd.
Data Protection Officer
20th Floor, AIA Sathon Tower
11/1 South Sathon road, Yannawa
Sathon, Bangkok, Thailand
1. Data protection
Our Privacy Statement on the use of our websites and the Mercedes-Benz Group AG 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 the data protection provisions on the websites of those providers.
2. Collection and processing of your personal data
a. 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 status of the interaction (e.g. whether you were able to access the website or received an error message); the usage of features on the website; any search phrases you entered; how often you visit individual websites; the names of the files you access; the amount of data transferred; the Web page from which you accessed our website; and the Web page you visited after visiting our website, whether by clicking links on our websites or entering a domain directly into the input field of the same tab (or window) of the browser in which you have our websites open. In addition, we store your IP address and the name of your Internet service provider for the duration as required by applicable legal provisions. This is for security reasons; in particular, to prevent and detect attacks on our websites or attempts at fraud.
b. We only store other personal data if you provide this data, e.g. as part of a registration, contact form, chat, survey, price competition or for the execution of a contract, and even in these cases only insofar as this is permitted to us on the basis of a consent given by you or in accordance with the applicable legal provisions (see section 7).
c. You are neither legally nor contractually obligated to share your personal information. However, certain features of our websites may depend on the sharing or personal information. If you do not provide your personal information in such cases, you may not be able to use those features, or they may be available with limited functionality.
3. Purposes of use
a. We use the personal information collected during your visit to any of our websites to make using them as convenient as possible for you and to protect our IT systems against attacks and other unlawful activities.
b. If you share additional information with us – for example, by filling out a registration form, contact form, chat, survey, contest entry or to execute a contract with you – we will use that information for the designated purposes, purposes of customer management and – if required – for purposes of processing and billing and business transactions within the required scope in each instance.
c. For other purposes (e.g. display of personalized content or advertising based on your usage behavior), we and, if applicable, selected third parties, use your personal data if and to the extent you give your consent through our consent management system. You will find further information and decision-making options here: Link to CMP
d. In addition, we use personal data to the extent that we are legally obliged to do so (e.g., storage for the fulfillment of commercial or tax-related retention obligations, release in accordance with official or judicial orders, e.g. to a law enforcement authority).
4. Transfer of personal information to third parties; social plug-ins; use of service providers
a. Our websites may also contain an offer of third parties. If you click on such an offer, we transfer data to the respective provider to the required extent (e.g. information that you have found this offer with us and, if applicable, further information that you have already pro-vided on our websites for this purpose).
b. When we use social plug-ins on our websites from social networks such as Facebook and Twitter, we integrate them 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 want to use one of the networks, click on the respective social plug-in to establish a direct connection to the server of the respective network.
If you have a user account on the network and are logged in when you activate the social plug-in, the network can associate your visit to our websites with your user account. If you want 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 until you have activated an existing social plug-in.
When you activate a social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our websites. In this situation, data transmissions can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on that platform are governed solely by the privacy policies of that network.
The social plug-in remains active until you deactivate it or delete your cookies (see section 5.d).
c. If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside Thailand that, from the point of view of the Personal Data Protection Committee ("PDPC"), may not guarantee an "adequate level of protection" for the processing of personal data in accordance with PDPC stand-ards. Please remember this fact before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.
d. We also use qualified service providers (e.g., IT service providers, marketing agencies) to operate, optimize and secure our websites. We only pass on personal data to the latter insofar as this is necessary for the provision and use of the website and its functionalities, for the pursuit of legitimate interests, to comply with legal obligations, or insofar as you have consented there to (see section 7). You will find more information regarding recipients of personal data in our consent management system: https://www.mercedes-benz.co.th/en/passengercars/content-pool/tool-pages/legal/cookies.html [Additionally, data is passed on to the following recipients: Our Financial Services partner Mercedes-Benz Leasing (Thailand).
a. Cookies may be used when you are 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 collectively refer to as cookies.
b. Cookies are small files that are stored on your desktop, notebook or mobile device while you visit a website. Cookies make it possible, for example, to determine whether there has already been a connection between the device and the websites; take into account your preferred language or other settings, offer you certain functions (e.g. online shop, vehicle configurator) or recognize your usage-based interests. Cookies may also contain personal data.
e. The consent to, and rejection or deletion of, cookies are tied to the device and also to the respective web browser you use. If you use multiple devices or web browsers, you can make decisions or set-tings differently.
We take technical and organizational security measures in order to protect your information managed by us from being tampered with, lost, destroyed or accessed by unauthorized individuals. We are continuously improving our security measures in line with technological advancements.
7. Legal Foundations for Collecting, Using and/or Disclosing Personal Data
a. If you have given us your consent to collect, use and/or disclose your personal information, then that is the legal foundation for collecting, using or disclosing it (Section 24 of the Personal Data Protection Act B.E. 2562 (2019), or PDPA).
b. Section 24 (3) of the PDPA is the legal basis for collecting, using or disclosing personal information for the purpose of entering into a contact or performing a contract with you.
c. If processing your personal information is required to fulfill our legal obligations (e.g. data retention), we are authorized to do so by Section 24 (6) of the PDPA.
d. Furthermore, we process personal information for purposes of protecting our legitimate interests as well as the interests of third parties in accordance with Section 24 (5) of the PDPA. Examples of such legitimate interests include maintaining the functionality of our IT systems as well as the (direct) marketing of our products and services (to the extent not covered by your consent) and those of third parties and the legally required documentation of business contacts. As part of the consideration of interests required in each case, we take into account various aspects, in particular the type of personal information, the purpose of collecting, using or disclosing, the circumstances of collecting, using or disclosing and your interest in the confidentiality of your personal information.
8. Deletion of your personal data
Your IP address and the name of your Internet service provider, which we store for security reasons, are deleted after the elapse of the duration as required by applicable legal provisions. Moreover, we delete your personal information as soon as the purpose for which it was collected, used and/or disclosed has been fulfilled. 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 Thailand 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 collection Disclosing Personal Data").
9. Rights of the Data Subject
a. As a data subject affected by data collection, use and/or disclosure, you have the right to Access and Obtain information (Section 30 PDPA), Correction (Section 35 PDPA), Deletion (Section 33 PDPA), Restricted use (Section 34 PDPA) and Data Transferability (Section 31 PDPA).
b. If you have consented to the collection, use and/or disclosure of your personal information by us, you have the right to revoke your consent at any time. Your revocation does not affect the legality of the collection, use and/or disclosure of your personal information that took place before your consent was revoked. It also has no effect on the continued processing of the information on another legal basis, such as to fulfill legal obligations (see section titled "Legal Foundation of Collecting, Using and/or Disclosing Personal Data").
c. Right to object
For reasons relating to your particular situation, you have the right to file an objection at any time to the collection, use and/or disclosure of per-sonal data pertaining to you that is collected under Section 24 (4) PDPA (data collection, use and/or disclosure in the public interest) or Section 24 (5) (data collection, use and/or disclosure on the basis of a balance of in-terests). If you file an objection, we will continue to collect, use and/or disclose your personal data only if we can document mandatory, legiti-mate reasons that outweigh your interests, rights and freedoms, or if col-lection, use and/or disclosure is for the assertion, exercise or defense of legal claims. To the extent we use your personal data for direct marketing based on legitimate interests, you have the right to object at any time without giving reasons.
d. We ask you to address your claims or declarations to the following contact address if possible: email@example.com
e. If you believe that the collection, use and/or disclosure of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Section 73 PDPA).
If you subscribe to a newsletter offered on our website, the information provided during registration for the newsletter will be used solely for the purpose of mailing the newsletter unless you consent to its use for additional purposes. You may cancel the subscription at any time by us-ing the option to unsubscribe contained in the newsletter.
11. Mercedes-Benz Group AG's Central Registration Service
12. Data transmission to recipients outside Thailand
a. When using service providers (see section 4. d.) and passing on data to third parties based on you consent (see section 3.c.), personal data may be provided to recipients in countries outside Thailand are transferred and collected, used and/or disclosed there, in particular USA, India.
b. Currently, from the PDPC's point of view, there is no list of countries with an adequate level of personal data protection (so-called "adequacy"), in compliance with Thailand standards. We, therefore, need to rely on a derogation for data transmission to recipients outside Thailand (such as, your consent, necessity for performance of contract with you, performance of contract with a third party for your benefits). In addition, we agree with recipients in other countries on the use of Thailand standard contractual clauses or binding corporate rules to create an "adequate level of protection" according to legal requirements. For more information, please use the contact details given in section 9.d. above.
Last update: November 2020
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