The protection of your personal data is of the greatest importance for us and is taken into account in all our business processes. The following data protection notices provide you with a detailed overview of the processing of your personal data by EvoBus GmbH. Personal data means any information relating to an identified or identifiable natural person. With these data protection notices we inform you about the type, scope and purpose of the collection of personal data at EvoBus GmbH and how we handle these data. In addition, you will learn what rights you have with regard to the processing of your personal data.

1. Whom do these data protection notices apply to?

The following notices apply to customers and interested parties for products and services, including work services of EvoBus GmbH and to all other natural persons who are in contact with EvoBus GmbH in connection with these products and services (e.g. authorised representatives or contact persons at the customer's premises).

With respect to certain products and services, including work services, there may be additional privacy notices that complement these privacy notices. 

2. Who is responsible for processing my data and whom can I contact about data protection?

The person responsible for the processing of personal data described below (unless another person is expressly named as the responsible authority):

EvoBus GmbH
HPC G562
Mercedesstraße 127/6
70327 Stuttgart
Germany

mbox-datenschutz-evobus[at]daimler.com

EvoBus GmbH is a company of Daimler AG and consequently a part of the Daimler-Group.

Appointed as Chief Officer for Corporate Data Protection:

Chief Officer for Corporate Data Protection at Daimler AG
Daimler AG
HPC G353
70546 Stuttgart
Germany

dataprotection[at]daimler.com

3. What data are processed and where do my data come from?

We process personal data ("data") in accordance with the basic principles of data avoidance and data frugality, only to the extent necessary, or to the extent it is permitted to us due to the applicable legal stipulations, or we are obliged to, or you have consented to.

Unless otherwise stated below, the terms "process" and "processing" include in particular the collection, use, disclosure and transfer of personal data (see Art. 4 No. 2 of the EU General Data Protection Regulation ("GDPR" "DSGVO“)). 

3.1. Data in connection with the business relationship

In the context of the establishment and the implementation of our business relationship, we collect, process and use the following data in particular, to the extent necessary in individual cases:

  • Key data of the customer(s), in particular company, name, language, function, industry affiliation, association memberships;
  • Contact details of the customer(s), in particular current address, previous addresses, other shipping addresses, telephone numbers and e-mail addresses;
  • The customer's interests in marketing activities, in particular events and the dispatch of advertising material;
  • Contract data such as contract start and end, instalment payments, repayment terms;
  • Vehicle and fleet data, in particular initial registration, vehicle identification number, official number plate, manufacturer brand, information on vehicle repairs and accident damage;
  • insofar as authorised representatives or contact persons are named: their master data, in particular name, date of birth and tax number, as well as contact data, such as the current address, regulatory addresses, other shipping addresses, telephone numbers and e-mail addresses and interests for marketing activities;
  • master data of guarantors, in particular name, date of birth, place of birth, nationality, marital status and tax number;
  • the contact details of guarantors, such as their current address, rules and regulations, other shipping addresses, telephone numbers and e-mail addresses;
  • Income and asset relationships within the framework of self-disclosure, in particular proofs of income, information on income, ancillary income, instalment liabilities, household expenses, savings deposits, securities, value of life insurance, value of real estate holdings
  • the data contained in the identity card or other identification documents presented;
  • Authentication data, in particular signature samples
  • Bank account/s details, e.g. the IBAN of your account, BIC, details of your bank;
  • Tax-relevant data, in particular sales tax ID, tax identification number, certificate in tax matters;
  • Annual financial statement documents or business analyses, company planning figures and other business and financial information;
  • payment history;
  • in individual cases, a bank reference;
  • data from postal, electronic and telephone communication between you and us;
  • Data about your business activities and about possible business partners;
  • Data from a Secured Payment Certificate;
  • if applicable, other data in connection with the fulfilment of the respective business relations.

3.2. Data in connection with our online services

Within the scope of our online services, including portals and apps (such as OMNIplus ON), we collect additional data insofar as this is necessary for the fulfilment of our contractual obligations towards you or you have consented thereto. The data in question are in particular the following:

• Master/key data changes made by you, for example, changes of address;

• Data on functions initiated by you online, such as point in time and function activated and your settings for the online services you used.
• Time and scope of the terms of use of online services accepted by you

The data collected as part of online services may only be used for statistical or scientific purposes or for the further development of online services or vehicles after your data have been anonymised, for example by shortening the IP address when evaluating transaction data.

3.3. Where do my data come from?

As a matter of principle, we collect your data directly from you. Furthermore, to the extent necessary for the performance of the contract concluded with you or for pre-contractual measures or to the extent you have granted your consent, we also process personal data that we have received legitimately from other companies belonging to the EvoBus Group (these are listed below under Section 4.1.), to Daimler AG and to other companies of the Daimler AG group. In addition, we obtain data from publicly accessible sources such as public media (e.g. the Internet, newspapers) and public registers (such as the Commercial Register or the Creditreform credit rating index). We also receive data from authorities to fulfil our legal obligations (e.g. owner data from the German Federal Motor Transport Authority [Kraftfahrbundesamt KBA] in the event of product recalls).

4. What are my data used for (purpose of processing) and on what basis (legal basis) does this happen?

4.1. Collection and processing within the framework of the fulfilment of contractual obligations

We collect and process your personal data as described in more detail in section 3 as part of contacting you and fulfilling our contractual obligations towards you. We process these data on the legal basis according to Art. 6 I 1 b DSGVO (GDPR: General Data Protection Regulation) and thus for the implementation of pre-contractual measures as well as for the fulfilment of contracts. For example, we process your contact data for the purpose of establishing contact with you and, to the extent necessary in each case, further data for the conclusion of purchase, work or service contracts and for the proper fulfilment of our contractual duties.

In this context, we use, together with our subsidiaries (EvoBus (Switzerland) AG, EvoBus Nederland B.V. (The Netherlands), EvoBus UK Ltd. (Great Britain), EvoBus Belgium N.V. (Belgium), EvoBus Austria GmbH (Austria), EvoBus Ceská republika s.r.o. (Czech Republic) , EvoBus Danmark A/S (Denmark), EvoBus Sverige AB (Sweden), EvoBus France S.A.S. (France), EvoBus Réunion S.A. (France), EvoBus Ibérica, S.A.U. (Spain), EvoBus Portugal S.A., EvoBus Italia S.p.A. (Italy), EvoBus Polska S.p.z. o.o. (Poland), Mercedes-Benz Minibus GmbH), our authorised sales and service partners, the Mercedes-Benz Customer Assistance Center in Maastricht N.V. as well as Daimler AG, the jointly-used IT systems of the Daimler Group.

The aforementioned companies have technical access to the jointly used IT systems and the data stored therein. Access to these data is only granted insofar as this is necessary for the performance and processing of the business relationship with you, e.g. for the provision of maintenance, repair or other services connected with our products, as well as for ordering spare parts and in connection with the purchase of a vehicle. .

4.2. Processing on the basis of a legitimate interest

In addition, we process your personal data insofar as this is necessary to preserve our legitimate interests as the responsible body or to protect the interests of a third party and insofar as this legitimate interest does outweigh your interests or fundamental rights and freedoms that require the protection of personal data (Art. 6 I 1 f DSGVO). "Third parties" shall mean natural or legal persons, such as enterprises, public authorities, bodies, offices or other agencies. In this context, we as the responsible body and our contract processors are not "third parties" (cf. Art. 4 No. 10 DSGVO, [GDPR: General Data Protection Regulation]). Processing of your data due to a legitimate interest takes place in the following cases in particular:

  • In order to check your creditworthiness and in view of our interest in avoiding a default in payment or any risk of insolvency, we transmit personal data on the commencement, execution and termination of our business relationship as well as data on non-contractual conduct to the Verband der Vereine Creditreform e.V. (Creditreform Association) to obtain reliable solvency intelligence. Further information on Creditreform's activities can be found online at www.creditreform.de. 
  • In connection with the maintenance and care of our IT systems, processing of your personal data may become necessary in individual cases. We assume that we have a overriding legitimate interest in this respect, because these measures serve to ensure IT security and the maintenance of IT operations and thus business and risk management in the Daimler Group.
  • In addition, we use your data, in particular your contact data, for direct advertising by post about products as well as services and works and in individual cases also about special events. In addition, we use this information for promotional communications via our online services or by e-mail, provided that we have received your e-mail address in connection with the sale of products or the provision of services including work services, for advertising about our own similar products or services, including work services. If you object to the use of your data, we will no longer send you any advertising messages. When collecting your data and each time they are used, we will inform you clearly and unequivocally that you have the right to object to the use of your data at any time. We use this data to the extent described above for advertising purposes because we assume that we have a legitimate interest in the use of your data. We would like to send you information at regular intervals about our products and services that we think may be of interest to you.
  • In addition, we process your data insofar as this is necessary for the assertion of legal claims and defence in legal disputes. In this respect, too, we assume that our legitimate interests outweigh your interests or fundamental rights and freedoms that require the protection of personal data .
  • We also conduct online customer surveys on our Internet pages and process your data in doing so. These surveys serve the constant control and improvement of our customer support quality and thus our competitiveness and customer orientation, which is why we assume a predominant legitimate interest on our part when processing your data.
  • For the further development of our services and products as well as for statistical purposes we process your data exclusively in anonymous form.

4.3. Collection and processing on account of statutory stipulations

EvoBus GmbH is subject to extensive legal and regulatory requirements, for example from the Anti Money Laundering Act or tax laws. Compliance with the resulting legal requirements requires the collection and processing of your personal data (Art. 6 I c DSGVO). In order to comply in particular with the provisions of the Anti-Money Laundering Act (GwG) and the Anti Tax Avoidance Act (StUmgBG), it is our duty to ascertain your identity on the basis of your identity card or passport before establishing a business relationship and to collect and store the data contained therein (§§ 11, 12 GwG). As the obligated party, EvoBus GmbH has the right and the duty to make complete copies of these documents within the framework of identity verification in accordance with the AMLA or to record them completely optically digitised (§ 8 Paragraph 2 Sentence 2 GwG [AMLA]). If you do not provide us with the necessary information and documents, we may not establish or continue the business relationship you have requested.

4.4. Collection and processing on the basis of your consent 

In addition, your personal data will be collected and processed if you have expressly agreed to this in advance and have therefore given your consent (Art. 6 I 1 a DSGVO).

If we do not already use your data for advertising purposes on the basis of our legitimate interest (as described above under Section 4.2.), we will obtain explicit declarations of consent from you.

In addition, from time to time we engage market research institutes in order to survey customer satisfaction and optimise our products and services in the interest of our customers. In this case we will also ask for your explicit consent.

5. Will my data be made available to other parties?

We do not pass on your personal data to third parties, unless you have consented to such a transfer of data or unless we are entitled or obliged to pass on data on the basis of another permitted circumstance.

5.1. Data transfer to processors on our behalf

To perform the services related to our services and products, we use processors on our behalf in the European Union (such as market research institutes, IT providers and storage providers, call center companies to perform our customer services, or external collection agencies, for instance, to collect receivables). The disclosure of your data to these organizations takes place under strict confidentiality obligations and under the requirements of the GDPR and the German Federal Data Protection Act. We have concluded proper agreements for data processing on our behalf with providers that are allowed to process the data for us only, and not for their own purposes, under Art. 28 GDPR.

5.2. Data transfer within the framework of shared data management 

Within the framework of the establishment and fulfilment of our contractual relationship with you, we store and process your data in IT systems, which are also used by the other companies mentioned in Section 4.1. The data stored there by us are therefore technically also accessible to these companies. The companies will only access the data insofar as this is necessary for the business relationship with you – as described under Section 4.1. 

5.3. Data transfer to suppliers

Within the framework of the business relationship with you, we also transmit your data, in particular your first and last name, your address, your customer number, the order number (if there is one), the vehicle purchase price and the vehicle identification number to suppliers in Germany (e.g. Mercedes-Benz Minibus GmbH or Daimler AG) who we have commissioned with the manufacture or delivery of the vehicles or equipment ordered by you.

5.4. Data transmission to sales partners 

When you purchase a vehicle from us, we transmit your data, in particular your first and last name, your address, your customer number, the order number (if there is one), the vehicle purchase price and the vehicle identification number to our sales partners in Germany (e.g. Setra general representatives), who will be contacted by you or involved by us within the framework of the handling of the vehicle transaction on account of their regional responsibility, so that we can provide you with better support. If you as a customer are based in a country outside Germany, we will transfer your above-mentioned data to the local sales partner responsible for you if necessary.

5.5. Sharing data with workshops

Should you make use of workshop services at our authorised service partners, we will transmit your data, in particular your first and last name, your contact data, the date of first registration of your vehicle, the vehicle identification number, vehicle type and brand as well as the registration number to our authorised service partners in Germany and the European Union ("EU") or the European Economic Area ("EEA"), insofar as they require your data for the execution of your workshop orders. This is particularly the case in the context of warranty or goodwill claims/requests or for the execution of service and maintenance contracts for your vehicles and the provision of online services commissioned by you.

5.6. Sharing data with the Verband der Vereine Creditreform e.V. (Federation of Credit Reform Associations).

Within the framework of our business relationship with you, we will share personal data collected on the application, execution and termination of our business relationship as well as data on conduct not in accordance with the contract, with the Verband der Vereine Creditreform e.V., Hellersbergstraße 12, 41460 Neuss/Germany insofar as this is legally permissible. 

5.7. Data sharing within the framework of used vehicle warranties

If you have concluded a guarantee package (e.g. BusStore guarantee) within the framework of a used vehicle purchase, the data necessary for the conclusion and execution of the corresponding guarantee contract, in particular your contact data, the duration of the BusStore guarantee, invoice amount, vehicle identification number, internal vehicle number, vehicle type and brand, licence plate (if known), delivery date, expiry date of the TÜV ( German technical inspection association) and the current mileage will be transmitted to the partner of ours who is to be your contractual partner for the used vehicle guarantee.

When you take out the BusStore warranty, your contractual partner is currently AutoProtect MBI Ltd, Warwick House, Roydon Road, Harlow, CM19 5DY, United Kingdom.

5.8. Sharing data with credit institutions and payment service providers

Moreover, in the context of the performance of business relationships for products and services we also share your personal data with credit institutions and providers of payment services for invoicing and settlement of payments, provided you have given your consent or insofar as this is legally permissible.. 

5.9. Sharing of data for accounting purposes

For risk prevention purposes and to prepare the Daimler AG balance sheet and that of the EvoBus Group, certain master data from financing contracts with a residual value guarantee, in particular your name, your address, contract term, contract number and chassis number will be shared with Daimler AG. For the preparation of the balance sheets, certain receipt data such as, in particular, payment and booking data are also transmitted to Daimler AG exclusively for these purposes.

6. Will my data by forwarded to a third country or to an international organisation? 

Data will not be transferred to countries outside the EU or the EEA (so-called third countries) unless we are obliged to do so by official or court orders. As part of the shared IT systems, we also transmit your data to EvoBus (Schweiz) AG, as described in detail in Section 4.1. Switzerland enjoys an adequate level of data protection. This fact has been established by the EU Commission through a Commission adequacy decision (in accordance with Art. 45 DSGVO [GDPR = General Data Protection Regulation]). 

7. Does an automated decision-making process take place?

As part of the assessment of your solvency, we will obtain an assessment of the risk of non-payment from the Verband der Vereine Creditreform e.V. (Federation of Credit Reform Associations), based on a scientifically recognised mathematical-statistical procedure and a plausibility check of the e-mail address provided (scoring) in order to safeguard our legitimate interests with new customers or in the event of changes to the customer master data (surname, first name, address, e-mail address, bank data). For this purpose, the personal data required for the creditworthiness and plausibility check (surname, first name, date of birth, address, e-mail address and bank details) are shared with this credit agency. For the credit assessment, a statistical probability of a default is calculated (profiling), expressed by a so-called score value, and on this basis our decision on the execution of the contractual relationship is made. Please note that the address data can also be taken into account when calculating the score value.

8. How long will my data be stored?

We process and store your personal data only for as long as we need them, in particular to fulfil contractual or legal obligations. If there is no longer a legal basis for processing your data, we will delete the data or, if this is not possible, block any personal reference to you in our systems in accordance with data protection regulations. In this context, we store your data in particular as follows:

  • The periods for the fulfilment of commercial and/or tax retention obligations are 6 or 10 years, respectively, in accordance with statutory provisions. For this reason, we keep invoice documents for this length of time.
  • According to the provisions of the German Civil Code (BGB), the limitations rule can be up to 30 years, whereby the regular limitation period is three years. We therefore retain the contractual documents as well as documents in connection with the contract in accordance with the provisions governing limitations of the German Civil Code (BGB).

We will store your personal data for advertising purposes, i.e. the sending of information and offers about products and services, for a maximum period of six years from the last relevant contact with you. A relevant contact exists, for example, if there is verbal, telephone or mutual written communication between you and us.

When you use our websites (www.evobus.com, www.mercedes-benz.com, www.setra.de, www.omniplus.com, www.omniplus-on.com, www.bus-store.com) and services (survey.omniplus.com, survey.mb-buses.com, survey.setra-buses.com), we collect, among other things,. your IP address. This remains stored for the duration of 7 days after collection. Insofar as you call up the aforementioned Internet pages, you will find further details on the use of your data in the data protection declarations stored there.

If you have registered for online services and deactivate these services, we will delete your data at the latest after three years, unless you decide within this period to reactivate the online services.

9. What rights do I have in relation to EvoBus GmbH?

With regard to the processing of your personal data, you have extensive rights. It is very important for us to acquaint you with these rights:

  • Right to information: You have the right to information about the data stored with us, in particular for what purpose the processing takes place and how long the data are stored. (Art. 15 GDPR).
  • The right to correct inaccurate information: You have the right to ask us to rectify your personal data immediately if they are deemed inaccurate. (Art. 16 GDPR).
  • The right to deletion: You have the right to ask us to delete your personal data immediately. You may require the deletion of your data if, for example, we no longer need the personal data for the purposes for which it was collected or processed in any other way, if we process the data unlawfully or if you have legitimately objected to the processing or have revoked your consent or if there is a statutory obligation to delete (Art. 17 GDPR).
  • Right to restriction of processing: You have the right to ask for restriction of the processing of your data. This right exists in particular for the duration of the examination, if you have disputed the correctness of the data concerning you, as well as in the case that, having the right to require deletion, you wish a limited processing of the data instead of their deletion. Furthermore, the processing will be restricted in the event that the data is no longer required for the purposes pursued by us, but you require the data for the assertion, exercise or defence of legal claims, or if the successful exercise of an objection between us and you is disputed (Art. 18 GDPR).
  • Right to data transferability: You have the right to receive from us the personal data concerning you that you have provided to us in a structured, conventional, machine-readable format (Art. 20 DSGVO), unless they have already been deleted.

If you wish to exercise any of your rights or obtain further information, please send an email to mbox-datenschutz-evobus[at]daimler.com or in writing to

EvoBus GmbH, HPC G562, Mercedesstraße 127/6, 70327 Stuttgart, Germany.

 

10. Can I revoke an already given consent for data processing?

You can revoke your consent to the processing of personal data at any time, free of charge and with effect for the future. This also applies to declarations of consent issued before the DSGVO came into force, i.e. before 25 May 2018.

The revocation of a declaration of consent can be sent to Einwilligung-EvoBus[at]daimler.com by e-mail or in writing to EvoBus GmbH, Mercedesstraße 127/6, HPC R511, 70327 Stuttgart, Germany.

Please note that the revocation only applies from the moment of our receipt onwards for the future. If, for example, you object to your consent to the use of your data for advertising purposes, we will not send you any advertising in the future after receiving your revocation. 

11. Can I object to the processing of my personal data?

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 5 I 1 e or f DSGVO (Art. 21 GDPR). We will discontinue processing your personal data unless we are able to prove compelling justified reasons that outweigh your interests, rights and liberties, or if the processing serves the assertion, exercising or defence of legal claims. If you raise an objection against e.g. the use of your data for advertising purposes, we will desist from any further use of your data for these purposes.

Do you wish to object to the processing of your personal data? If so, send us an e-mail to Einwilligung-EvoBus[at]daimler.com or in written form to EvoBus GmbH, HPC R511, Mercedesstraße 127/6, 70327 Stuttgart, Germany.

12. Right to complain to the supervisory authority

If you are of the opinion that we violate the DSGVO [GDPR (General Data Protection Regulation)] by processing your personal data, you have the right to complain to a supervisory authority, e.g. the data protection authority responsible for your place of residence, your workplace or the location of the data protection violation.

 

As at May 2018