Version [08/11/2019]
I. General Section
THESE GENERAL TERMS AND CONDITIONS FOR THE MERCEDES PRO CONNECT SERVICES CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS AND CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO THE PARTIES IN THE EVENT OF A DISPUTE.
1. Scope of Application
The following Terms and Conditions (these “Terms”) apply to performance of Mercedes PRO connect Infotainment System Services ("Services") by Mercedes-Benz USA, LLC, One Mercedes-Benz Drive, Sandy Springs, GA 30328, USA ("MBUSA"), and their use by the customer Airstream touring coaches built upon Mercedes-Benz/Freightliner Sprinter Van platforms. If any provisions in this General Section and provisions of the Special Section conflict with one another, the provisions in the Special Section only shall prevail. These Terms and any documents incorporated herein by reference shall constitute the entire agreement between MBUSA and the Customer (collectively, the “Contract”). Under these Terms “Customer” shall mean the person who contracts for the use of the Services. The Services are intended for use by natural persons in Mercedes-Benz/Freightliner Sprinter Vans equipped with an MBUX infotainment head-unit (“MBUX”). The term “vehicle” as used in this Agreement refers to vehicle components and Services provided by Mercedes-Benz/Freightliner including the Mercedes PRO connect Infotainment System. Airstream components, systems, and services are subject to separate terms and/or policies.
2. Scope of Services Offered
2.1 The Customer can operate and use the Services via the vehicle's infotainment system.
2.2 The provision and use of the Services may be subject to limitations and imprecision that are outside MBUSA’s area of influence in view of the current state of the art. This applies in particular to the availability of the wireless data connection, of the wireless network, of positioning by a global positioning system and of Internet access provided by wireless network providers. As such, the Services are geographically limited to the receipt and sending area of the transmitter masts operated by the respective wireless network provider. In individual cases, the unavailability of the cellular network may mean that individual services are not available because the necessary data transfer cannot take place. The Services may also be affected by atmospheric conditions and topographic circumstances or by obstacles (e.g. bridges, tunnels, buildings). The same applies to GPS. Other negative circumstances, such as network overload, may impair the use of the Internet. In addition, short-term capacity constraints can result from load peaks in use of the Services, the cellular and landline networks and the Internet.
The wireless connection between the vehicle and the Daimler Vehicle Backend or Daimler Cloud Backend ("Daimler Backend"), which is currently provided through an external telecommunications operator and its roaming partners, presently offers a yearly average of 98% availability. Disruptions of the transmission quality by atmospheric or similar conditions cannot be excluded.
When using data via the mobile telecommunication services, the logged-on users share the available bandwidth (so-called shared medium) in the wireless cells. The actual transfer rate achieved during data usage also depends on the respective equipment available locally, the transfer rate of the server selected to provide the corresponding service, the load and capacity use of the wireless network by the number of users on the respective wireless cell, the distance from the antenna and the movement of the user.
Disruption can also be caused by force majeure, including strikes, lockouts and administrative orders, as well as technical and other measures (e.g. repair, maintenance, software updates, expansions) affecting Daimler’s systems or those of up- or downstream service providers, content providers and network operators required for the proper or improved provision of the services. MBUSA shall not be liable for any Service restriction due to any of the foregoing and the Customer’s obligations for payment of the fees for any fee-based Services will remain unaffected by any such Service restriction.
2.3 The Services require the vehicle's chassis battery to provide a functional supply of electricity within the vehicle. If the services are used for extended periods and the vehicle's chassis battery is not intermittently charged by running the engine or connecting the battery to a power supply in the case of electric vehicles, the battery may become depleted. If the vehicle is left standing for a long period, this can cause the Communication Module ("Communication Module") in the vehicle to turn off and interrupt the cellular data connection to the vehicle until the vehicle is manually put into operation the next time.
2.4 If MBUSA chooses, as permitted in its sole discretion, to make any changes to these Terms, MBUSA will notify the Customer. In many cases, such changes and additions to these Terms shall result from the functional expansion of the Services and the addition of new Services.
MBUSA is also entitled to make changes for other reasons, especially if new technical developments, changes to applicable law or other similar reasons make it necessary or important for MBUSA to do so.
The Customer shall be notified in text form (including e-mail and/or fax) of other changes and additions to these Terms. The amendment/supplement shall be deemed approved unless the Customer lodges an objection within this deadline period (i.e. within two months of receiving the notification). MBUSA will draw Customers' particular attention to this legal consequence in its notification.
2.5 Software updates ("Software Updates") for browsers and vehicle components (infotainment system or Communication Module) are downloaded and automatically installed by means of a wireless data connection without the need for a workshop visit. Software Updates can be initiated by the vehicle or Daimler Backend and either improve or expand Services or provide or enable new ones. Software Updates can also alter or remove Services. The Customer cannot deactivate the Software Update. Depending on its nature and scope, it will occur automatically without further consent from the Customer, or the Customer will have the option of confirming or rejecting individual Software Updates; the Customer can always reject changes or removals if they are not to the Customer's advantage or are not reasonable for the Customer in consideration of MBUSA’s interests. The period between individual Software Updates is variable. Customers are not entitled to Software Updates.
Software Updates are subject to the availability of or limitations in the cell network, and also to the equipment of the vehicle. This means that the download and installation times can vary from one vehicle to the next, ranging from a few minutes to several hours. The status is saved on the Daimler Backend and shown to the Customer through the Customer’s gateways.
Software Updates may be required for trouble-free provision and operation of the Services. The Customer is not entitled to obtain Software Updates via other channels (e.g. through participating partners (i.e., branches and authorized dealers of Mercedes-Benz Vehicles which participate in the sales of the Services)). During service appointments at Mercedes-Benz partners that are tasked with performing repairs and maintenance for vehicles of the Mercedes-Benz brand ("Service Partners") or at participating partners, further measures can be taken as an alternative to Software Updates or to supplement them.
While Software Updates are being downloaded and installed, the functions of the vehicle or individual components (e.g. the infotainment system or Communication Module) may be temporarily limited. In the unlikely event of a fatal technical error during the installation of a Software Update, the limited functionality may persist, and repair in the workshop may be necessary.
2.6 For some Services, the information made available through the Service is generated by third-party content providers and may be fully or partially incomplete, incorrect, not current or unavailable. MBUSA assumes no responsibility for checking whether the information is complete, accurate or current, or for completing, correcting or updating such information, or for making sure that the information is available or is made available in a certain quality. The Customer is independently responsible for use of the information and its decisions made on the basis of the information; accordingly, the Customer is responsible for checking whether the information is complete, accurate or current and is available or is made available in a quality suitable for his purposes.
3. Usage Requirements
3.1 The Services are available in newer Mercedes-Benz and Freightliner Sprinter model series equipped with a built-in Communication Module. Some Services require additional optional equipment in the vehicle. Details and any additional usage requirements can be found in the Special Section and product description.
Certain Services require a wireless data connection between the vehicle and the Daimler Backend. In addition, the vehicle must be equipped with an MBUX infotainment system. Further usage requirements and exceptions are contained in the Special Section. Costs may accrue to the Customer in connection with the acquisition and use of the cellular data connection, and/or including with respect to the data volume consumed in connection with the Services. Data usage and roaming fees and charges for the cellular data connection may apply.
3.2 The display on the vehicle's instrument cluster takes priority over all other information sources, for example, the display of the Customer's gateways. The information displayed on the infotainment system is not binding and may be fully or partially incomplete, incorrect or not current and is valid only at the time it is accessed. Additional notes and exceptions are contained in the Special Section.
4. Obligations of the Customer
4.1 The Customer affirms that he or she is the owner of the vehicle or that the owner of the vehicle has given the Customer permission to use the vehicle and, with it, the Services in the vehicle.
4.2 If the Customer allows the vehicle to be used by another driver, the Customer undertakes to inform the other driver about the Services and the associated data collection and processing and to obtain the driver's consent to this before the start of the journey, as well as to inform him of the option to deactivate the Services.
4.3 The Customer warrants that their profile data, specifically the name, address (including email address), and vehicle identification number reported to the participating partner, are correct. The Customer shall inform MBUSA of any changes to this data without undue delay.
If the data is incorrect and communication with the Customer is therefore not possible, then MBUSA reserves the right to block the Services and shall not be liable to the Customer for any issues relating to or arising from such blocking of the Services.
Notice: Any obligations for payment of the fees for fee-based Services will remain unaffected by a blocking of Services.
The Customer shall without undue delay cause the vehicle to be disconnected from the Services in accordance with Clause 5.3, if the Customer is no longer entitled to use the vehicle (e.g. because it is sold or they have lost the right to continue using the vehicle) or if this vehicle has been destroyed.
4.4 If the Customer does not fulfill their obligation to disconnect the vehicle and another person accesses the Services or owner of the vehicle reports that the Customer is no longer authorized to use the vehicle, then MBUSA may disconnect the vehicle without further warning and will then inform the Customer that the disconnection has taken place. The liability of the Customer under Clause 4.9 shall remain unaffected.
4.5 The Customer will be entitled to use the Services only if the Customer complies with all legal requirements and does not pursue any purposes in breach of these Terms or applicable law.
4.6 If the Customer identifies that the Services have been used in breach of these Terms or that an unauthorized third party has carried out an inadmissible activity on the mobile network provided for the Services, or there has been unauthorized use of a password or account or other breach of security then the Customer must inform MBUSA of this without undue delay via the user account or by contacting the Customer Assistance Center (CAC).
4.7 The Customer shall be liable to MBUSA for any loss or damage arising from the breach by Customer (or any person accessing the Services through the Customer) of the obligations under these Terms in accordance with applicable laws.
4.8 The Customer shall indemnify, defend, and hold harmless MBUSA and its affiliates and their respective agents, representatives and third party service providers, and their employees for all claims, costs, damage and losses (including the costs of reasonable legal proceedings) caused by or arising from a third-party claim based on the Customer’s violation of applicable laws, third-party rights, or these Terms, provided that the Customer is liable arising from or based on Customer’s (or another person’s) use of the Services.
5. Term and Termination
5.1 MBUSA can terminate the Contract at any time by giving 30 days' notice.
5.2 The Customer may terminate the Contract or individual Services at any time with no notice. The Customer shall send notice of termination in text form (including e-mail and/or fax) to the CAC.
5.3 The right to terminate the Contract or individual Services for good cause remains unaffected. The Customer shall send notice of termination for good cause in text form (including e-mail and/or fax) to the CAC.
5.4 If the Contract or individual Services are terminated, the respective Services will be deactivated.
5.5 Neither Customer nor any person seeking to access or use the Services through Customer may use any of the deactivated Services, and any user account profiles, settings or information may be lost or deleted.
5.6 MB reserves the right to alter, amend, suspend, or discontinue any Service(s) at any time and for any reason. Not all Services may be available in all Airstream models.
6. Liability
6.1 DISCLAIMER. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MBUSA DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. CUSTOMER ACKNOWLEDGES THAT CUSTOMER BEARS THE SOLE RISK OF TRANSMITTING THROUGH THE SERVICES ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES CUSTOMER OR ANY OF ITS USERS’ LOCATION. MBUSA’S THIRD PARTY SERVICE PROVIDERS AND THIRD PARTY UPFITTERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE CONTRACT AND MBUSA DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH THIRD PARTY SERVICE PROVIDERS HEREUNDER.
6.2 MBUSA, Airstream, Inc., and any of their respective affiliates, distributors, dealers, dealer associations, together with their respective employees, agents, directors, officers and shareholders (collectively, “MB Parties”) will not be liable to the Customer or any other person or entity for any consequential, indirect, incidental, special, reliance or punitive or aggravated damages (including without limitation lost profits, lost revenues, lost savings, goodwill or harm to business, damages for loss of data, income, profits, loss of or damage to property, and third-party claims) or any other damages of any kind, arising out of or in connection with, the Services, even if the MB Parties are aware of the possibility of such damages.
6.3 The foregoing limitation applies to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability and strict liability). To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein, liability is limited to the maximum extent permitted by law in such jurisdiction. The Customer acknowledges that the Customer will be fully liable for all damages resulting directly or indirectly from the use of the Services by or through Customer. All claims under the Contract must be brought by the Customer, and Customer hereby agrees to indemnify defend and hold the MB Parties harmless against any claims, demands or allegations initiated by any person using the Services in connection with the Customer’s user account whether or not authorized.
Insofar as damage is or could be covered by an insurance policy taken out by the Customer, the MB Parties shall not be liable for any such damages suffered by the Customer and Customer waives any and all such claims and damages against the MB Parties and waives rights of subrogation, including on behalf of the insurance carrier.
6.4 These limitations of liability apply not only to the Customer, but to anyone using the Customer’s vehicle, to anyone attempting to make a claim on the Customer’s behalf, and to any claims made by the Customer’s family, employees, customers, or others arising out of or relating to the Services. The limitations of liability set forth in this Clause do not apply in the event of death or personal injury.
7. Data Protection and Data Security
7.1 MBUSA takes the protection of the personal data of the users of the Services seriously and exercises due care in the protection of the user's privacy when processing personal data.
7.2 Further information on data processing and data security is contained in the Privacy Statement for Mercedes PRO connect Services.
8. Final Provisions
8.1 DISPUTE RESOLUTION. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE CONTRACT (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT THE CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CLAIMS QUALIFY.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THE TERMS OF USE AS A COURT WOULD.
ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED.
ARBITRATION HEARINGS SHALL BE HELD IN THE STATE OF GEORGIA. IF THIS LOCATION IS NOT CONVENIENT FOR THE CUSTOMER, THE CUSTOMER SHALL INFORM MBUSA. MBUSA WILL WORK WITH THE CUSTOMER TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE LOCATION IN WHICH ARBITRATION HEARINGS WILL BE HELD SHALL BE SETTLED BY THE ARBITRATOR.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF GEORGIA.
IF THE CUSTOMER INITIATES ARBITRATION, THE CUSTOMER’S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, MBUSA WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST MBUSA, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, MBUSA WILL REIMBURSE THE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF THE CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN MBUSA’S FAVOR, MBUSA WILL NOT SEEK REIMBURSEMENT OF MBUSA’S ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF THE CUSTOMER’S CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
To help resolve any issues promptly and directly, the Customer and MBUSA agree to begin any arbitration within one (1) year after a claim arises; otherwise, the claim is waived.
It is important that the Customer understands that by entering into the Contract, the Customer and MBUSA are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Dispute Resolution” Clause. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.
8.2 Governing Law; Jurisdiction; Claims. For claims that Clause 8.1 does not require to be resolved by arbitration, each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the Federal or state courts sitting in the State of Georgia, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. Any claim that Customer wishes to assert under these Terms must be initiated not later than one (1) year after the claim arose.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflicts of law principles.
8.3 If any provision of these Terms is deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.
8.4 These Terms, and all other attachments and exhibits, set forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements or representations between the parties with respect to such subject matter.
8.5 No waiver of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. To be legally binding on MBUSA, any waiver must be in writing.
8.6 The Customer may not assign these Terms, in whole or in part, without the prior written consent of MBUSA, and any assignment in violation of this Clause shall be null and void. MBUSA may assign its rights and obligations under these Terms including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to the Customer. The Customer understands and agrees that, regardless of any such assignment the rights and obligations of MBUSA in these Terms may accrue to, or be fulfilled by, any affiliate, as well as MBUSA and/or its subcontractors.
8.7 The terms and conditions contained in the Terms that by their nature are intended to survive the termination of these Terms shall survive the completion of performance and termination of the Terms of Use, including without limitation, Clauses 4-8, and the making of any and all payments pursuant to these Terms.
8.8 These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
9. Identity of Provider and Data Controller and Contact Details
9.1 The Services are offered by Mercedes-Benz USA, LLC, One Mercedes-Benz Drive, Sandy Springs, GA 30328, USA. MBUSA is the data controller.
9.2 Contact information for the Mercedes-Benz Customer Assistance Center (CAC):
Mercedes-Benz
Customer Assistance Center One Mercedes-Benz Drive, Sandy Springs, GA 30328, USA
| E-mail address | Phone number |
| MPROconnect.usa@cac.mercedes-benz.com | +1 877 762 8267 |
II. Special Section
The following Services may be available:
This Service enables Customers to receive the latest traffic information via a wireless data connection in the vehicle.
This Service enables live traffic information on hazardous situations (e.g. broken-down vehicles, accidents, vehicles with activated hazard warning signals, heavy rain, fog and slippery road surfaces) to be shared between vehicles for which the Service has been activated via the Daimler Vehicle Backend.
This Service offers Customers the opportunity to use certain Internet radio stations in the vehicle. Use of this Service requires a separate agreement to be concluded with a telecommunications service provider on provision of telecommunications services, for which separate charges will be incurred.
This Service enables the infotainment system to display parking options and currently available parking spaces. The Customer can transfer the information to the infotainment system as a destination address.
This Service allows the infotainment system of the Customer's vehicle to display filling stations together with the fuel prices offered within a certain radius of the vehicle's current position or on a selected area of the map.
This Service allows the Customer, using an online free-text or voice command search, to search for addresses and points of interest (e.g. restaurants, cafés, bars, hotels, stores) within a radius of the vehicle's current position and, if the Customer has entered a destination address in the Customer's vehicle infotainment system and the navigation system is activated, to search for points of interest within a radius of the entered destination address, along the selected route or also within a radius of another address. The search results can be displayed in the infotainment system of the Customer's vehicle and can also be entered in the infotainment system as a destination address.
This Service allows the Customer to display the weather within a selected area of the map in the infotainment system of the Customer's vehicle.
By offering this Service, Daimler enables Customers to access information from third-party content providers ("Content Providers") through a connection to the Content Providers in the vehicle. The information accessed originates exclusively with the Content Providers.
This Service gives Customers the ability to control various features of the vehicle and access information from MBUSA/Daimler or third-party Content Providers by issuing voice commands. Any voice control system available in the vehicle will be supplemented by voice recognition outside the vehicle in the Daimler Vehicle Backend.
Operating certain features may also require activation of additional services. With some features, such as messaging, the LINGUATRONIC Online Voice Control Service requires an active Bluetooth connection between a compatible device and the vehicle.
This Service gives Customers the means, using a centralized search service in the vehicle, to receive from the Daimler Backend information on vehicle features, additional Mercedes PRO connect Services or information from Daimler or third-party Content Providers.
This Service enables a Wi-Fi Hotspot in the vehicle for use with other Mercedes PRO Services and third party devices or equipment. The Internet in the Car service is provided by AT&T on behalf of Mercedes-Benz USA, LLC
Introduction
Mercedes PRO connect unlocks access to a package of innovative services, products, and lifestyle offers from Mercedes-Benz USA, LLC and our cooperation partners – including, but not limited to, live navigation assistance, Internet connectivity, and much more.
At Mercedes-Benz USA, LLC, protecting your privacy is very important to us and we want you to feel comfortable using our connected vehicle services. This Privacy Notice explains our practices regarding the collection, use, and sharing of information that is collected, generated, recorded, or stored when you use our Mercedes PRO connect Infotainment services (“Connected Vehicle Information”). (Note: Connected Vehicle Information applies only to Mercedes PRO connect Infotainment services. Services provided by Airstream® or other third parties are subject to their respective privacy policies.
When you use a vehicle with Mercedes PRO connect Infotainment convenience services and safety and security services, we and our service partners collect certain information, which includes geolocation information and driver behavior information as described below. How we use your information will depend on which services you use, how you use those services, and the choices you make in your settings.
By purchasing or using a vehicle equipped with Mercedes PRO connect Infotainment services, using Mercedes PRO connect Infotainment services, subscribing to Mercedes PRO connect Infotainment services, you consent to the practices described in this notice.
This Privacy Notice does not address the collection, use, or sharing of information regarding how you use or interact with our websites and mobile applications. Please see our website privacy statement for information related to those services.
What We Collect
We may collect the above information at regular intervals while your vehicle is in use.
How We Use
We are committed to using the information we collect only in ways that are consistent with the context in which we collected the information and consistent with the choices that you make. We may use the information we collect to:
We may also use the information we collect consistent with your authorization or consent.
Geolocation Information: We may use Geolocation Information for the purposes disclosed above. In addition, some Mercedes PRO connect Infotainment services are primarily location-based. Live Traffic, navigation services, Car-to-X communications, and Available Parking, for example, involve the collection of Geolocation Information to determine the location of your vehicle.
Driving Behavior Information: We may use Driving Behavior Information for the general purposes described above. In addition, some specific Mercedes PRO connect services may involve the collection and use of Driving Behavior Information.
Information Sharing
In order to provide you with Mercedes PRO connect Infotainment services, we may disclose your information to:
We share information with third-party content providers to provide you with the information or services you request. For example, we may share information that does not reasonably identify you or your vehicle with third parties that provide traffic or other location-based information or services.
We may share the information we collect consistent with your authorization or consent, such as when you activate third-party services.
Personal profiles established your user account may be available to other users of your vehicle. To delete profiles from your vehicle, you may need to delete the profile within the vehicle.
Additionally, we may also disclose your information to comply with the law; to respond to claims; to comply with legal process served on MBUSA or our parent company Daimler AG (e.g., a lawful subpoena, warrant, or court order); to enforce or apply our policies or agreements (including to bill and collect payments); to protect and defend our rights or property or that of Daimler AG, our affiliates, dealers, customers, employees, visitors, or the public; in connection with a business transfer, sale, liquidation, or merger; and if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure.
We may also provide aggregated data about our Mercedes PRO connect Infotainment subscribers and related telematics service information to third-parties but these statistics will not include information that can reasonably identify you or your vehicle.
Geolocation Information: We may share Geolocation Information to support location-based services, such as Live Traffic, navigation services, and Car-to-X communications. When you sign up for these or other services, you may receive additional information about how we share Geolocation Information in association with the specific services.
Driving Behavior Information: We may share Driving Behavior Information to support the provision of services. When you sign up for these services, you may receive additional information about how we share Driving Behavior Information in association with the specific services.
Opt Out of data collection
You can opt out of the collection of your data via the Customer Assistance Center. And you may be able to deactivate the services also via the Customer Assistance Center. You can contact Mercedes PRO connect Support for additional information on how to opt out of data collection or deactivate services:
| E-mail address | Phone number |
| MPROconnect.usa@cac.mercedes-benz.com | +1 877 762 8267 |
Please note that opting out of the collection of your information may disrupt certain Mercedes PRO connect services.
Review and Update
You may request to review and update your personal information at any time by emailing myprivacy@mbusa.com.
Security and Data Storage
We endeavor to protect the data we collect. We use commercially reasonable physical, technical, and administrative security measures designed to protect information against loss and unauthorized access or use. Please note, however, that no information system is 100% secure and we cannot guarantee the security of your information.
We retain the information we collect for as long as reasonably necessary to provide services and fulfill the purposes described in this Notice, after which point such information may be deleted or de-identified.
Changes to this Notice
We may amend or update this Notice from time to time. In such event, we will post the revised Privacy Notice at this location. In some circumstances, we may take reasonable steps to alert vehicle owners and registered users prior to the change.
Contact Us
If you have any questions or comments about the privacy practices described in this Notice, please contact us at: myprivacy@mbusa.com.
Last Updated: 6/19/2019
1. Introduction
As a globally active manufacturer of premium products, MBUSA imposes strict requirements when it comes to the quality and safety of its products. For this it has developed appropriate measures and safety precautions for each individual service it offers. This however does not release the Customer from personal responsibility for safe vehicle operation and compliance with applicable laws, especially in the view of the fact that accident events in road traffic are frequently caused by excessive visual distractions from information, communication, and entertainment media and devices.
2. General Information
2.1. If customers operate and use integrated on-board information systems and communication devices while driving, they can be distracted from the traffic conditions and also lose control of the vehicle. Therefore, the Customer should only use these systems and devices at the Customer’s sole risk and discretion. If use of the Services impedes safe operation of the vehicle, the Customer should not use the Services. MBUSA assumes no obligations or liability relating to the Customer’s use of the Services while operating the vehicle.
2.2. The Customer is at all times responsible for the Customer’s own actions. Furthermore, the services do not release the Customer from any responsibility and accountability for ensuring the driving capability and road safety of the vehicle. MBUSA does not assume any liability for any failure of the Customer to undertake necessary maintenance and repair work.
2.3. The laws of the applicable jurisdiction must be observed at all times. The use of cell phones and smartphones (and therefore also associated apps) is subject to the road traffic regulations.
2.4. To the extent possible, voice control actions and/or read-aloud functions should be used by Customer while operating the vehicle. That a Service or feature of a Service is available to Customer while Customer is operating the vehicle does not mean that use of such Service or feature is recommended or authorized by MBUSA for use while operating the vehicle.
2.5. Daimler specifically refers to the owner's manual and the warnings contained therein, all of which must be heeded.
2.6 Involvement of Third-Party Content Providers
MBUSA is neither responsible nor liable for the services provided by third parties.
If the information available via the individual service originates from third-party suppliers/content providers, MBUSA accepts no responsibility for its content, accuracy, currentness, completeness and availability. Furthermore, MBUSA assumes no responsibility for checking whether the information is accurate, current, complete and available, or for correcting, updating or completing such information, or for making sure that the information is available or is made available in a certain quality. MBUSA has no influence on the functionality or operability of the relevant technical applications provided by the third-party suppliers/content providers. The third-party suppliers/content providers can change or adjust the functionality or individual functions of their services. Some of the functions provided by third-party suppliers/content providers may not be available everywhere. The Customer is therefore independently responsible for use of the information and decisions made on the basis of the information.
MBUSA does not claim any obligations or liability with respect to Customer accounts with third party Content Providers that may be linked to the Services by the Customer. These links are the sole responsibility of the Customer. Certain additional terms and conditions may apply with respect to use of the services or content provided by third party Content Providers, and Customer’s use of such services is deemed to constitute its acceptance of any such additional terms and conditions. The Customer is obligated to deactivate any such linked accounts if the Customer learns of security problems with the third party Service Provider or in the event of loss of access data to the linked account. The execution of commands cannot be guaranteed or may be delayed. The customer alone is responsible for the definition of commands and links to user accounts of third-party suppliers/content providers.
2.7. MBUSA does not guarantee the functionality of any commands made in connection with the Services. Such commands may not be properly executed or may be delayed. The execution of commands cannot be guaranteed or may be delayed. The Customer alone is responsible for the definition of commands and links to user accounts of third-party suppliers/content providers
2.8. On-board status polls due to geofencing are not always 100% reliable despite the available state of the art. Data may not be transmitted completely or at all under certain circumstances (e.g. if the vehicle is in a parking garage). This could lead to recorded commands not being triggered because the Daimler Vehicle Backend does not receive a vehicle status correctly or on time. On-board status polls therefore do not release the Customer from the obligation confirm such status or from liability arising from the Customer’s reliance thereon.
2.9. The indication on the vehicle's instrument cluster takes priority over all other information channels. The information displayed in the infotainment system is not binding and may be partly or totally incomplete or inaccurate or not up to date.
3. Specific Information about Individual Services (If Not Covered in the General Instructions)
3.1 Live Traffic Information and Car-to-X Communication
All relevant traffic information or dangerous situations may not be collected or reported through Live Traffic Information and Car-to-X Communication. The information available through these Services is generated by other Customers or drivers and a Third Party Content Provider and the information may be incorrect, incomplete or not up to date, in whole or in part. MBUSA assumes no obligation to confirm the completeness, accuracy or timeliness or to complete, correct or update the information. The use of the information by the Customer or driver and any decisions by the Customer or driver based on the information are made at their own risk and discretion; accordingly, the Customer or driver are responsible for confirming that the information is complete, correct and up-to-date.
3.2 Available Parking
The Service shows only available parking spaces, however the information provided may, at any time, be inaccurate, incomplete, or not up to date. MBUSA assumes no obligation to correct, complete, or update any information provided. The Customer is responsible for the safe operation of the vehicle and for observing all local conditions (e.g. vehicle height in the parking garage, posted notices prohibiting parking). In addition, the Customer acknowledges and agrees that MBUSA shall not be responsible or liable for any loss or damage whatsoever arising from any inability or unsuitability of parking or losses to vehicles or the contents of the same resulting from fire, theft, collision or any other cause arising from the Unoccupied Available Parking Spaces Service. This Service may be unavailable in the event of any system errors and/or loss of connection to the Service and MBUSA disclaims all liability associated with any such unavailability or interruption. The service indicates only available parking options without obligation and does not release the driver from the responsibility of observing the local circumstances (e.g. maximum allowed vehicle height in the parking garage).