Information regarding the personal data processing
We should like to inform you that beginning with 24 May 2018, the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "Regulation") is enforced by all European Union Member States.
We process personal data when you acquire products and/or services from us and on this occasion we inform you which are the personal data that we collect and process, the manner in which and the purposes for which we process them, what are your rights regarding the personal data processing.
Protecting your personal data is a priority for us and is taken into account for all our business processes. "Personal data" means all information relating to a natural person who has been or may be identified. You will also be informed of your rights regarding the processing of your personal data.
The personal data controller is:
Mercedes-Benz Leasing IFN S.A., based in Bucharest, 1st district, 2 Expoziției Blvd., building C1, ground floor, room 1, with corresponding address in Swan Office, Henley Building, 15-23 Soseaua București Nord, floors 3-4, postal code: 077190, Voluntari, Ilfov, registered at the Trade Register under no.: J40/10345/2008, Sole Code of Registration: 24041113, registration number at the National Supervisory Authority for Personal Data Processing (NSAPDP) as personal data controller: 10088, registered in the General Register of NBR under no. RG-PJR-41-110240 and in the Special Register under no. RS-PJR-41-110064, account no.: RO98 INGB 0001 0081 8470 8910 opened with ING Bank Amsterdam NV Bucharest, tel/fax: 021.306.07.00/021.306.07.07, e-mail: suport@mercedes-benz.com.
Mercedes-Benz Service Leasing S.R.L., based in Bucharest, 1st district, 2 Expozitiei Blvd., building C1, ground floor, room 2, with correspondence address in Swan Office, Henley Building, 15-23 Soseaua București Nord, floors 3-4, postal code 077190, Voluntari, Ilfov, registered at the Trade Register Office attached to the Bucharest Tribunal under no. J40/10346/2008, Unique Code of Registration RO 24041105, registration number at the NSAPDP as personal data controller: 10089, account: RO50INGB0001008184698910 opened with ING Bank Amsterdam NV Bucharest, tel/fax: 021.306/021.07, e-mail: suport@mercedes-benz.com.
Mercedes-Benz Insurance Broker S.R.L., based in Voluntari, Swan Office, Henley Building, 15-23 Soseaua București Nord, 3rd floor, room 1, postal code: 077190, Ilfov, Romania, registered at the Trade Register Office attached to the Bucharest Tribunal under no. J23/3168/2013, Unique Code of Registration: 24041091, registration number at the NSAPDP as personal data controller:10087, account RO49INGB0001008184718910 opened with ING Bank Amsterdam NV Bucharest, authorised by the Financial Supervisory Authority according to the decision no. 939/10.10.2008 and registered in the Brokers’ Register under no. RBK-523/17.10.2008, telephone 021.30 60 700, e-mail: suport@mercedes-benz.com.
What data we collect and process:
We process personal data in accordance with the principles of data reduction and minimization only to the extent necessary, as permitted by applicable legal regulations, in accordance with our obligations. Unless otherwise specified below, the terms "process" and "processing" include, but are not limited to, the collection, use, disclosure and transfer of personal data (see Article 4, point 2, GDPR).
We collect and process the data you supply directly by filling out the data supply form, that we obtain about you, as well as data that we obtain based on your explicitly given consent.
Contact details: name, surname, domicile or correspondence address (if it is different than the domicile address), telephone number, e-mail address.
Data about the client’s account: Client ID, username, password, number, identity card series and date of issue, personal identification number, bank account, billing address, payment behaviour and payment status. They also include details about the interactions conducted with the Customer Care Service and Debt Collection Department: your request for assistance, the channel through which they were sent, the recording of the incidents and the details required for the relevant settlement, claims and requests lodged. In case the interaction is conducted via telephone: the hour, the call duration, the solution found, as the case may be.
Data for the risk analysis: date and place of birth, number, identity card series and date of issue, as well as a copy thereof, personal identification number, citizenship, occupation, financial data regarding the incomes, the employer’s identification data, data regarding the relation with the employer (date of the beginning of the employment contract and the duration thereof, Revisal data, a copy of the individual employment contract, level of the salary, bonuses, incomes for the last year, place of work, position, special benefits etc.) or data about the independent activity carried out, the civil status identification data of the spouse (name and surname, personal identification number, date of marriage, name prior to the marriage), number of children under care, monthly expenses, data regarding the outstanding taxes and dues, political exposure, data arising from proof of domicile or residence (for example: value of the rent for the lease agreements, price of the dwelling in the case of a sales and purchase agreement, consumption of utilities in the case of the utilities invoices), data regarding the actual beneficiary / shareholder / associate / director / legal representative / agent / contact person / co-debtors / guarantors / endorsers: name, surname, address, residence, political exposure, date and place of birth, number, identity card/passport series and date of issue thereof, as well as a copy, as the case may be, personal identification number, citizenship.
The personal data of the actual beneficiaries / shareholders / associates / directors / legal representatives / agents / contact persons / co-debtors / guarantors / endorsers of our Clients are collected at the beginning of the commercial relation with our companies for the purpose of supplying our products and services, while Mercedes-Benz Leasing IFN SA, Mercedes-Benz Service Leasing SRL, Mercedes-Benz Insurance Broker SRL are unable to ensure a direct information to these persons regarding the processing of their personal data. Therefore, it is your responsibility to inform the above-mentioned persons on the processing and purpose of the processing of their personal data in the existing commercial relation.
Data regarding the vehicle: vehicle licence plate number, features and equipment, mileage, data from the digital service book, products and/or services used (for example, the lease contract, Mercedes me, maintaining the vehicle configurations etc.).
Data that we obtain about you: personal data regarding the risk analysis obtained from public sources (for example: Trade Register, Ministry of Public Finances, Ministry of Justice – Court of law website, Electronic Archive for Security Interests in Movable Property, Ministry of Foreign Affairs etc.), as well as from consultation of the Credit risk Central Office and Payment Incidents Central Office as well as from the specialized know your customer and risk analysis databases provided by LexisNexis Risk Solutions (Europe) Limited with registration number: 272682, at 80 Harcourt Street, Dublin, Ireland. With regard to any data processing performed by LexisNexis Risk Solutions (Europe) Limited in order to provide access services to the above-mentioned specialized databases, please consult the data protection policy of LexisNexis Risk Solutions (Europe) Limited, available at https://risk.lexisnexis.com/group/processing-notices.
To what purpose do we use this data?
1. To provide you with our products or services.
Therefore, we process the personal data for one or several purposes mentioned below:
(i) establish our contractual relationship;
(ii) draft, sign, execute and terminate the contract;
(iii) bill (invoice) and receive the consideration of the products and/or services, including by transmitting communications regarding your payment obligations;
(iv) know the client in order to prevent money laundering and terrorism financing, such as: conducting risk analysis, permanent monitoring, due diligence on the information supplied;
(v) prepare and keep records as prescribed by the law;
(vi) internal reports and to the competent authorities.
What data do we use for supplying products and services?
Any time we supply a product or a service we use: Contact details, Data about the client’s account, Data obtained about you, Data for the risk analysis, Data regarding the vehicle.
The Data for the risk analysis is used for granting the credit or for the conclusion of the lease/rental agreement and throughout the credit agreement or the lease/rental agreement for the reassessment of the risk, monitoring and reporting.
For how long do we keep your data?
We process a wide category of personal data for the purpose of concluding and executing the agreement, beginning with the relevant collection. The retention period for each type of data is different and depends on the need or the obligation we have, therefore:
(i) Supply of products and/or services
In order to supply our products and/or services, the Contact details, Data about the client’s account, Data obtained about you, Data regarding the vehicle are retained throughout the agreement and for a period of 10 (ten) years after its termination.
In order to supply the financial services, the Data for risk analysis are retained throughout the agreement and for a period of 10 (ten) years after its termination or for a longer period, as requested expressly by the National Bank of Romania or a different competent public institution.
(ii) The contractual relationship and the receipt of the consideration of products and/or services
In order to supply proof of the contractual relationship we have with you, we retain the personal data processed for the execution of the contract throughout the validity of the agreement and additionally for a period of 10 (ten) years after the termination of the contractual relationship. Thus, we keep the agreement, the documents issued in connection with the conclusion and execution of the agreement, as well as information on the history of payment on the date of the termination of the agreement. If, within 3 (three) years from the termination of the agreement, you wish to be our client again, we can also check the payment history above mentioned in order to see your degree of creditworthiness. If, at the termination of the contractual relationship we have with you there are outstanding amounts we keep the data that are required for the relevant recovery until the payment or until the expiry of the prescription deadline, whichever it may come first.
In addition, the fiscal laws compel us to keep all information related to the billing of services or products supplied for a period of 10 years from 31 December of the year in which it was issued.
Throughout the retention, the data are stored electronically on servers in Romania and/or are stored physically in Romania at Iron Mountain S.R.L., a data storage supplier that has an appropriate document storage system in place.
Do we reveal your data?
Depending on the activity we are relating to, we reveal your data to other companies within the Mercedes-Benz Group, namely our mother company, its branches or other companies under joint control (the “Affiliates”) for conducting statistics and analyses, supply of products and/or services, but also to certain contractual partners (for example, insurance companies) / dealers, collaborators (notary offices, external consultants, agents-in-fact to whom we externalised the supply of certain services and other categories of recipients) of ours (“Partners”) for the conclusion of insurance, product delivery, courier services. In such a situation, we ensure that the Affiliates and Partners or collaborators above mentioned comply with this Information and have proper measures in place for the personal data processing.
In the case of a debt in terms of the contractual relationship that we have with you, we will reveal your data to debt recovery / claim recovery agents for the recovery of the debt. They will contact you on our behalf.
Furthermore, and as the case may be, should you refuse to return the vehicle, we use the tracking system attached to it in order to identify the location of the vehicle for recovery. Such data is revealed to the enforcement office or the agents empowered to recover the vehicle with office in Romania.
We reveal your data to the Romanian public authorities and/or institutions entitled by the law to request it, such as for example National Bank of Romania, Financial Supervisory Authority, Central Office for Prevention and Control of Money Laundering, courts of law, police etc.
Legal basis for the processing of such data
The conclusion and execution of the agreement concluded with you pursuant to article 6 para. (1) lett. (b) of the Regulation. Also based on our legitimate interest to receive on time the full consideration of the products and/or services we provide you with, pursuant to article 6 para. (1) lett. (f) of the Regulation. For the supply of financial and/or insurance services, we process personal data based on a legal obligation provided by the National Bank regulations or by the laws on the insurance activity, for the verification of the payment risk of the credit and for preventing fraud, pursuant to article 6 para. (1) lett. (e) of the Regulation.
2. For direct marketing and assessment of satisfaction
We wish to supply information and recommendations appropriate to your interests. We have a legitimate interest in enhancing the experience and quality of the products and/or services offered to our clients, so as you may fully benefit from them.
We use your data to assess the satisfaction you have after using our products and/or services, as well as to create offers responding to your needs and interests.
We will contact you to submit offers appropriate to your interests (for example: test drives, special events, offers etc.) and for you to take part to our surveys, according to your consent freely expressed at signing of the Consent Declaration.
You have several means of communication available for you to be contacted (for example: phone call, e-mail, SMS). When signing the Consent Declaration, you can choose any of the communication means.
Every time we contact you, regardless of the means of communication selected, you may easily choose not to further receive communications from us for direct marketing and/or assessment of satisfaction. In addition, you can withdraw your consent or can object to or request the restriction of your personal data processing.
What data do we use for this purpose?
In order for us to understand how to enhance your experience in our collaboration relationship, we analyse your contact details and the Data about the client’s account, as well as the Data regarding the vehicle, paying particular attention to the purchased products and/or services and to your opinions regarding the products and services we offer.
For how long do we keep your data?
Your data are kept from the collection throughout the duration necessary to use them and for a period of maximum 2 years from the last interaction we had with you or throughout any other applicable period provided by the obligation to keep the data.
Do we reveal your data?
Depending on the activity we are relating to, we reveal your data to other companies within the Mercedes-Benz Group, namely our mother company, its branches or other companies under joint control (the “Affiliates”), but also to certain contractual partners/dealers (“Partners”) for the performance of the direct marketing activities and assessment of satisfaction such as: marketing agencies, printing companies carrying out printing, distribution / courier services, survey or call center activities. In such a situation, we ensure that the Affiliates and Partners comply with this Information.
Legal basis for the processing of such data
Your consent, according to article 6, para. (1) letter (a) of the Regulation.
3. For reporting, statistic and analysis purposes
In order to optimise our products and/or services and meet our clients’ needs, we extract, render the data anonymous, combine and aggregate your data with those of other clients, for a statistical view of our client database. Part of our company’s policy entails the analysis of the aggregate data we have, in order to develop / enhance Mercedes-Benz products and services in general and not to take decisions for a certain person.
Moreover, for the purpose of fulfilling our legal obligations we have internal reporting procedures and procedures for the reporting to the competent authorities.
What data do we use to prepare such reports?
Contact details, the Data about the client’s account, Data regarding the vehicle, Data for the risk analysis.
For how long do we keep your data?
We will keep the statistical reports throughout the duration necessary to use them.
Do we reveal your data?
The results of the statistical reports (comprising only data that are rendered anonymous and do not allow to identify or particularise your data) and the analyses based on these reports may be revealed to the Mercedes-Benz Group, for highlighting the local activity of our company, but also for establishing commercial development guidelines. In such a situation, we ensure that it complies with this Information.
Legal basis for the processing of such data
The purpose of the processing of the personal data is the optimisation of our products and/or services, based on our legitimate interest.
4. In order for us to meet the legal obligations
We are obliged that upon the request of the public authorities (National Bank of Romania, Financial Supervisory Authority, National Office for the Prevention and Control of Money Laundering, courts of law, police etc.), prepared pursuant to the legal applicable provisions, we provide them with your data. In case we receive a request for information from a public authority, for example in a road accident, we will access and send your data to the relevant authority.
What types of data should we keep?
Contact details, Data about the client’s account, Data for the risk analysis, data regarding the vehicle, data that we obtain about you.
For how long do we keep your data?
We will keep the data throughout the duration necessary to use them, as indicate by the competent authority and pursuant to the provisions of the applicable laws in force.
Legal basis for the processing of such data
Legal obligation pursuant to Article 6 (1) (c) of the Regulation.
You are in control of your data
You can control how we process your personal data exercising any of the following rights / options, whenever you wish to do so.
Access to data: you can request a copy of your personal data that we hold about you.
Rectification of data: if the data that we hold about you are inaccurate or incomplete, you can request that such data is rectified or supplemented.
Objection to the data processing: you may request us to abort certain processing activities. Depending on the legal basis of the processing, we will analyse the de facto situation, as well as the applicable legal provisions and provide details about the implementation of the request without undue delay.
Should you choose not to further process your personal data for direct marketing purposes and assessment of satisfaction or to further receive any commercial communication in relation to these activities, regardless of the channel selected as means of communication, we will terminate any such processing. In the case of the channels in respect of which you already gave your express consent, we will consider the exercise of your right to object as a consent withdrawal.
Erasure of data: you can request us to erase the personal data that we hold about you. We will analyse the request in relation to the reasons that account for the request and provide details about its implementation without undue delay. As a general approach, on the expiry of the period for the storage of the data, as mentioned hereinabove, your data will be erased.
Data portability: should you wish to transfer the data to another supplier, you can request us to communicate them in an ordinary electronic format (this is a new right according to the Regulation).
Restriction of processing: you can request the restriction of processing. We will analyse the request in relation to the cases of restriction provided by the law and provide details about its implementation without undue delay (this is a new right according to the Regulation). This means that your data can be further stored and will be processed limitedly.
Withdrawal of consent: in case your already gave your express consent for a data processing you can withdraw it at any time. This withdrawal will be registered in our systems without undue delay. In order for you to exercise this right please send us an e-mail at suport@mercedes-benz.com.
We are here for you
The responsibility for the data processing incurs to the 3 (three) legal entities within Mercedes-Benz Financial Services, as personal data controllers, namely: Mercedes-Benz Leasing IFN S.A., Mercedes-Benz Service Leasing S.R.L., Mercedes-Benz Insurance Broker S.R.L.
You can address any question, comment or request regarding your data sending a request at our office in Swan Office, Henley Building, 15-23 Soseaua București Nord, Floors 3-4, postal code: 077190, Voluntari, Ilfov or at the e-mail: suport@mercedes-benz.com, or by phone at: 021.306.07.00.
The Supervisory Authority: Moreover, you can file a complaint to the National Authority for the Supervision of the Personal Data Processing (http://www.dataprotection.ro/) if you consider that we violated the provisions of the personal data processing.
Future updates
The contents of this information may be amended following the evolution of the market or the updating of the range of products and/or services we supply.
We will post any new version of this Information on the website Mercedes-Benz Financial Services and we will let you know in advance in due time regarding any change that may affect the products and/or services you purchased.