Data protection notices

We (the Publisher and any separate providers) thank you for your interest in this app. We are committed to protecting your privacy as an app user. This document explains how we handle personal data with regard to the app. “Personal data” means all information that relates to a natural person who has been or can be identified. The way we handle personal data is always based on our applicable Data Protection Policy.

1 Responsibility

For the purposes of these data protection regulations/notices, the terms “Publisher” or “We” are always used, regardless of whether the Publisher is the sole party to the contract under Section 1.1 of EULA (see Part I of the Terms of Use) or another provider is listed in the app’s provider information (under “Provider”). In this case, the Provider is responsible under data protection laws, otherwise the Publisher is responsible.

2 Scope and purposes of data processing

2.1 Data categories

We process personal data of the users that the users enter when signing on to and using the app, data that they approve for processing on the device, and data relating to the use of the app (Location).

Providing data of this kind is not required by law or under a contract, nor to conclude a contract. Users are not obligated to provide data of this kind. However, if this data is not provided, it may mean that the app’s functions and use are limited.

2.2 Purposes of data processing

We process the aforementioned data pursuant to the applicable data protection laws. Data is processed for the following purposes:

  1. Contract fulfillment

    We process personal data to fulfill the contract with you for use of the app (provision of the app and its functions) to the extent necessary.

    We generally delete the personal data once further processing is no longer needed for the purposes of contract fulfillment. Further storage or processing takes place only as set forth in the section “Term of storage and deletion.”

  2. Consent to data processing

    If you have consented to the processing of personal data for additional purposes (e.g. for the evaluation of usage data, see the section on “Evaluation of usage data“),the data will be processed on the basis of this consent.

    Consent is always voluntary and you can opt out at any time. In general, if you grant consent in the app, you can revoke consent there as well; you can also revoke consent by sending an e-mail to the address listed in the provider information. Opting out has no effect on the lawfulness of data processing that took place between the time you opted in and the time you opted out. It also has no effect on continued processing of the information on another legal basis, such as to fulfill legal obligations (see section titled “Compliance with legal requirements”).

  3. Protection of legitimate interests

    If required, we process your personal data beyond contractual fulfillment in order to protect legitimate interests of the publisher or of third parties. Legitimate interests include maintaining the functionality and security of our IT systems.

    We generally delete this personal data once further processing or archiving is no longer needed to protect the respective legitimate interest. Further storage or processing takes place only as set forth in the section “Term of storage and deletion.”

  4. Compliance with legal requirements

    Our company is subject to legal obligations and requirements, such as retention obligations under commercial and tax laws. Therefore, we also process personal data of the users if needed to comply with legal obligations. We disclose personal data of a user only if there is a legal obligation to law enforcement and criminal prosecution authorities.

3 Evaluation of usage data

If you have consented to the evaluation of usage data by activating the function, we evaluate usage data from the app We collect and process usage information in order to maintain and improve Bertha. in order to determine preferences and upgrade the app.This allows us to tailor the app more closely to users’ needs and improve our offers.

You can also opt out of the evaluation of usage data at any time by deactivating the function at/under You can de-/activate your consent any time from My Account > Privacy > Usage Information. or opt in by activating it again. If cookies are used for evaluation, the use will stop once you deactivate the evaluation function.

4 Recipients of personal data

Transfer to third parties

If you use services from providers and other third parties with the app, particularly Adobe Analytics, Adjust, Sentry, we will share users’ personal data with them. We will do so only if needed for provision and use of the app and its functions, to fulfill legitimate interests of the Publisher or third parties, or if you have previously consented to your data being shared (see the section on “Scope and purposes of data processing”).

We have carefully selected the providers and monitor them regularly, particularly with regard to the secure handling of and security for the personal data accessible to them. We require that all providers agree to confidentiality and compliance with the legal obligations.

Government institutions or agencies

Personal data is transferred to government institutions or agencies only pursuant to mandatory legal requirements (see section on “Scope and purposes of data processing”)).

5 Term of storage and deletion

We store and process your personal data only as long as needed for the respective purpose (see “Scope and purposes of data processing”). Moreover, data is stored and processed only if required for another purpose (see “Scope and purpose of data processing”) such as to comply with legal requirements (such as retention obligations under tax or commercial laws). In this case, we limit further data processing to this purpose and the legal basis of further processing.

6 Contact person for data protection

If you have any questions about the processing of personal data in the app, you can contact the corporate data protection officer. He and his team will also be happy to help with requests for information, suggestions or complaints:

Daimler AG
Chief Officer, Corporate Data Protection
HPC G353
D-70546 Stuttgart
E-Mail: data.protection@daimler.com

7 Additional information for the European Union

In addition to the regulations above, under the requirements of the Data Protection Regulation of the European Union (GDPR), where applicable, please note the following:

The processing set forth in the section on “Scope and purposes of data processing” takes place on the following legal basis:

7.2 Rights of data subjects

As a data subject affected by data processing, you have the right to information (Art. 15 GDPR), correction (Art. 16 GDPR), data erasure (Art. 17 GDPR), purpose limitation (Art. 18 GDPR) and data portability (Art. 20 GDPR).

7.3 Right of objection

For reasons relating to your particular situation, you have the right to file an objection at any time to processing of personal data pertaining to you that is collected under Art. 6, para. 1e, of the GDPR (data processing in the public interest) or Art. 6, para. 1f, of the GDPR (data processing based on a consideration of interests). If you file an objection, we will continue to process your personal data only if we can document mandatory, legitimate reasons that outweigh your interests, rights and freedoms, or if processing is for the assertion, exercise or defense of legal claims.

7.4 Complaints

If you feel that the processing of your personal data is in breach of legal requirements, you have the right to file a complaint with the responsible supervisory authority (Art. 77 of the GDPR).

8 Update

We reserve the right to update this data protection notice from time to time with future effect, such as following a change in circumstances and technical developments. We will provide you with sufficient notice of any material changes in a suitable manner and explain your rights in relation to the change.

Last update: May 2018