At Daimler Truck UK Limited ("Daimler"), protecting your personal data is our top priority. We take data protection into account in all of our business processes. Below you will find a detailed overview of how your personal data is processed when you use our TruckLive service ("Digital Service").

Personal data includes any information relating to an identified or identifiable natural person. In the following this Data Protection Notice describes how Daimler collects and processes personal data as part of Vehicle Data in connection with TruckLive.

A. General information on the processing of personal data

1. To whom does this Data Protection Notice apply?
This Data Protection Notice is intended for users of vehicles ("Driver") from which data is collected for the provision of the Digital Service and who are considered data subjects of the data processing. This Data Protection Notice is also intended for Daimler’s customers who use the Digital Service and whose vehicles are accessed for the evaluation of Vehicle Data in order to provide the Digital Service ("Customer").

2. Who is responsible for data processing?
Unless otherwise stipulated in Section B for individual services, the controller is responsible for the processing of personal data described herein:

Daimler Truck UK Limited
Tongwell Street, G-Park, Milton Keynes. MK15 0YS

For questions about data protection, please contact our Data Privacy Officer:

Data Privacy Officer
Daimler Truck UK Limited
Unit 2, G-Park, Tongwell Street Milton Keynes. MK15 0YS.
Email: DTUKdata@daimlertruck.com

This does not affect any existing responsibility of the Customer under data protection law.

3. Which categories of data are processed?
In connection with the provision of the Digital Service, Daimler shall process the following categories of personal data in particular, insofar as required in individual cases:

• Identifiers, e.g. vehicle identification number (VIN), vehicle registration number, fleet ID
• Technical operating data of the vehicle, e.g. fuel level, speed, mileage, diagnostic data (e.g. maintenance data and status information of the vehicle or individual components) user-related operating data of the vehicle, i.e., information on use of the vehicle and individual components or vehicle functions (e.g., Operating actions in the vehicle)
• Data that we receive from third parties, e.g. master data and technical data of the charging infrastructure
• Points in time of data collection, also in so-called time series (i.e. several consecutive time points are collected at regular intervals)
• Geoposition data of the vehicle

(collectively referred to as “Vehicle Data”).

Vehicle Data is technical data. Daimler processes Vehicle Data in part together with the vehicle identification number ("VIN") or, if applicable, with the ID of the trailer and/or semitrailer of the vehicle. This means that Vehicle Data is considered personal data within the meaning of data protection law (Art. 4 No.1 GDPR) For the avoidance of doubt, the Parties agree that the UK GDPR is applicable to data cited under this agreement. However, Daimler uses the VIN only as an “identifier” in order to assign Vehicle Data to a specific vehicle, vehicle model, or year of manufacture, and for the purposes described below. Daimler is generally not able to identify individual Drivers based on technical Vehicle Data or to draw conclusions about how they operate their vehicle.

4. How is Vehicle Data collected?
Vehicles have technical systems that enable Daimler to access Vehicle Data remotely in pre-defined cases to the extent necessary for provision of the Digital Service. Vehicle Data is sent directly from the vehicle to a secure Daimler IT infrastructure and processed there for the purposes described in this Data Protection Notice.

Depending on the use case, Vehicle Data is collected

• on the basis of specific events (e.g. if the vehicle sensors and test routines monitoring vehicle systems detect a deviation in control system functions),
• periodically (e.g. due to recorded ambient conditions, based on mileage, or at specific time intervals, e.g. once a week), or
• in detail, on the basis of group orders that the vehicle receives.

5. For which purposes is Vehicle Data processed?
Daimler shall collect, process, and use Vehicle Data in order to provide the Digital Service as well as for other purposes, insofar as required in individual cases. In particular, Daimler collects and processes technical vehicle data, including the VIN, in order to check the suitability of the vehicle for the Digital Service.

Detailed information on the processing of Vehicle Data for individual features of the Digital Service can be found in section B.

6. On what legal basis is data processed?
Daimler processes Vehicle Data for the purpose of offering the Digital Service (above, Section 5) on the basis of a legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract and, if applicable, a Service Contract between Daimler and the Customer (Art. 6 (1) (f) GDPR).

Daimler shall only process data on the basis of a legitimate interest to the extent that this is necessary to safeguard these legitimate interests of Daimler or a third party and does not override the interests, fundamental rights, and freedoms of the Driver. More information is available under the contact details specified in Section 2 of this Data Protection Notice.

Detailed and possibly deviating information on the legal basis for individual features of the Digital Service and other processing purposes can be found in Section B.

7. Is data passed on to third parties?
In order to process Vehicle Data, Daimler uses the services of additional contractors, to whom personal Vehicle Data may be disclosed. This includes IT and traffic information service providers in particular. Contractors may also be Daimler Group companies. Insofar as this is necessary Daimler passes on personal Vehicle Data to service partners (e.g. workshops authorized by Daimler) or third-party providers (e.g. independent workshops) following approval by the customer.

Detailed and possibly deviating information for individual features of the Digital Service and other processing purposes can be found in Section B.

Daimler shall only pass on personal Vehicle Data to these contractors and third parties if this is necessary for the above-mentioned purposes. Daimler shall ensure that contractors are subject to the same contractual obligations with regard to confidentiality, data protection, and data security as Daimler has assumed vis-à-vis the Customer.

In individual cases, Daimler may also be legally obliged to send personal data to law enforcement authorities, government authorities, or regulatory authorities.

8. Is data sent to recipients in third countries?
For the purposes described above, Daimler shall also send personal Vehicle Data to an IT support service provider based outside the European Economic Area (EEA) or grant this service provider access to data stored within the EEA. Since countries outside the EEA generally do not have a data protection level comparable to the EU, we ensure that an adequate level of data protection is maintained by means of suitable contractual, technical, and/or organizational measures (in particular through agreement on EU standard contractual clauses as well as additional measures and recurring inspections). The EU standard contractual clauses are available at https://ec.europa.eu. More information is available under the contact details provided in Section 2 of this Data Protection Notice.

Detailed and possibly deviating information for individual features of the Digital Service and other processing purposes can be found in Section B.

9. How long is my data stored for?
Vehicle Data processed for the purposes described above will only be stored in personal form for as long as this is necessary for the aforementioned purposes and will then deleted or anonymized in accordance with a deletion concept. In particular, we store Vehicle Data for as long as this is necessary for the performance of the TruckLive Contract or for the assertion, exercise, or defense of legal claims or as prescribed by law. If applicable, personal data may be stored for periods of ten years or longer in accordance with statutory requirements (e.g. storage periods), depending on the nature and scope of processing.

More information is available under the contact details provided in Section 2 of this Data Protection Notice.

Detailed and possibly deviating information for individual features of the Digital Service and other processing purposes can be found in Section B.

10. What rights do I have with respect to Daimler Truck?
In connection with the processing of personal Vehicle Data, data protection law grants extensive rights to data subjects:

• Right of access: You have the right to access personal data stored by us, in particular to determine for which purpose the data is processed and how long the data is stored (Art. 15 GDPR).
• Right to rectification of incorrect data: You have the right to demand that we immediately rectify your personal data, should this data be incorrect (Art. 16 GDPR).
• Right to erasure: You have the right to demand that we erase your personal data, under certain conditions. You can demand erasure of your personal data if, for example, we no longer need this personal data for the purposes for which it was collected or otherwise processed, if we unlawfully process this data, or if you have rightfully objected to the use of your data, revoked your consent to the same, or there is a legal obligation to delete it (Art. 17 GDPR).
• Right to restriction of processing: You have the right to demand restricted processing of your personal data, under certain conditions. This right exists in particular for the duration of the verification, if you have contested the accuracy of the data concerning you, as well as in the case that you have an existing right of deletion but choose restricted processing rather than deletion. Furthermore, processing will be restricted in the event that this data is no longer needed for our purposes, but you still need this data in order to assert, exercise, or defend legal rights, as well as if the successful assertion of an objection is disputed between you and ourselves (Art. 18 GDPR).
• Right to data portability: Under certain conditions you have the right to receive the personal data that you have provided to us in a structured, standardized, machine-readable format (Art. 20 GDPR).
• Right to object:
  You have the right to object to the processing of your personal data at any time, in particular for reasons arising from your particular situation, if this processing is carried out on the legal basis of Article 6 (1) (f) GDPR. We will no longer process your personal data unless we can prove compulsory, legitimate reasons for processing that outweigh your interests, rights, and freedoms, or if this processing is required to assert, exercise, or defend against legal claims (Art. 21 GDPR).

The person whose personal data we process, i.e. generally the Driver of the vehicles from which Daimler collects the Vehicle Data, is entitled to exercise these rights. To exercise their rights, the Driver can send an email to dataprivacy@daimlertruck.com.

11. Right to lodge a complaint with a supervisory authority
If you believe that we are in violation of the GDPR by processing your personal data, you have the right to lodge a complaint with the competent supervisory authority.

12. Contractual obligation to provide Vehicle Data
On the basis of the TruckLive Contract, the Customer is contractually obliged to provide Daimler with Vehicle Data. On the other hand, Drivers are not legally or contractually obliged to provide Daimler with Vehicle Data, but may have such an employment-based or other contractual obligation to the Customer. Without this data, Daimler cannot fulfill its contractual obligations to the Customer arising from the TruckLive Contract.

B. Detailed information on the processing of personal data

Daimler processes Vehicle Data for the following purposes:

1. Daimler shall collect, process, and use Vehicle Data, insofar as required in individual cases, in order to provide the Digital Service in particular:

1.1 Maintenance Management
The technical vehicle data and the geoposition data are transmitted directly from the vehicle if the sensors and test routines in the vehicle that monitor the vehicle systems detect a deviation from control system functions. Irrespective of this, this data is transmitted regularly (several times a day) from the vehicle to display maintenance and operating information in the customer portal and to analyze the need for repairs as part of the provision of services under this contract.

For the purpose of providing the service in the S24h case, if a breakdown has been reported online, the geoposition of the vehicle is determined and made available to the S24h technician.

The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract with the customer (Art. 6 (1)(1)(f) GDPR).

1.2 Live Traffic Information
The Live Traffic Information service is a component of the Digital Service and displays traffic information in real time in the vehicle’s navigation system. In particular, geopositioning data of the vehicle is processed for the provision of the service. Daimler shall provide this to the service provider TomTom, based in the Netherlands, which, as the processor of Daimler, shall provide the Live Traffic Information service. The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract with the customer (Art. 6 (1)(1)(f) GDPR).

1.3 Over the Air updates
Daimler is responsible for processing the VIN, the serial number (device ID) of the telematics unit and the software versions of the source and target software in order to carry out software updates. The legal basis for this is Daimler's legitimate interest (Art. 6 (1)(1)(f) GDPR) in ensuring the functionality of the telematics unit and the infotainment system, eliminating security and cybersecurity risks, improving or expanding functions of the Digital Service and providing or enabling new functions of the Digital Service or changing or removing functions of the Digital Service.

1.4 Mercedes-Benz Trucks Remote 3.0
In the Mercedes-Benz Trucks Remote 3.0 App, users of the Mercedes-Benz Trucks Remote 3.0 App ("App Users") are informed about the vehicle status. For this purpose, Daimler processes, to the extent necessary in individual cases, retrievable status information of the vehicle, such as the opening status of vehicle doors, windows, sunroof and locking status of vehicle doors as well as remaining range. As a rule, the status information is automatically and regularly updated when the respective status changes, saved and displayed to the App User in the Mercedes-Benz Trucks Remote 3.0 App. The last status is saved and displayed in the status information. Newer status information replaces older information. The legal basis for the processing the data is Daimler's legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract between Daimler and the customer (Art. 6 (1)(1)(f) GDPR).

2. Daimler also collects, processes and uses the Vehicle Data for other processing purposes:

2.1 Data release for Service Partners and third-party providers
The Customer can use a data release dialog provided by Daimler to determine to which of the Service Partners and third-party providers listed there or specified by the Customer Vehicle Data will be sent by Daimler ("Data Release").

Daimler does not communicate directly with certain Service Partners or third-party providers designated by the Customer. In these cases, data is transmitted through a subsidiary of Daimler. The respective model is indicated in the data release dialog.

After granting the Data Release, the Service Partner or third-party provider designated by the Customer receives derived access data for the Vehicle Data stored by Daimler.

Daimler has no influence on how personal data is processed by the Service Partner or third-party provider. As the controller responsible for the data transmitted to it by Daimler at the Customer's request, the Service Partner or third-party provider has independent responsibility under data protection law. It may be the case that a Service Partner or third-party provider processes data outside the European Economic Area (EEA). The Customer is independently responsible for reviewing the terms of use and data protection notices of the Service Partner or third-party provider.

The Customer has the option to revoke a Data Release granted to a Service Partner or third-party provider at any time using the data release dialog provided by Daimler.

The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract with the customer (Art. 6 (1)(1)(f) GDPR).

2.2 Data processing within the scope of Service Contracts
If the Customer has concluded a mileage-based Service Contract with Daimler for the vehicle, Daimler shall use the mileage determined in connection with the Digital Service, the date when the mileage was recorded, and the vehicle identification number for the purposes of calculating the mileage and adjusting the service rates for said Service Contract.

If the Customer has concluded a battery-powered vehicle Service Contract with Daimler for a battery-powered electric vehicle, Daimler shall use the number of charging cycles determined in connection with the Digital Service and the vehicle identification number for the purpose of limiting the specified end time of the Service Contract.

Should the Customer use the option within their Service Contract to flexibly calculate the maintenance and repair costs depending on actual mileage in the billing period, Daimler shall use the mileage determined in connection with the Digital Service, the date when the mileage was recorded, and the vehicle identification number for this purpose.

The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract and, if applicable, a Service Contract with the customer (Art. 6 (1)(1)(f) GDPR).

2.3 Software Updates
As part of the overall offer, Daimler processes Vehicle Data such as the VIN and status data such as the software configuration in order to provide the Customer with software updates for the vehicle and its functionalities.

The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract with the customer (Art. 6 (1)(1)(f) GDPR).

2.4 Data processing for product defense and monitoring and observation as well as for the assertion and exercise of legal claims
Daimler reserves the right to use Vehicle Data to defend itself or a company affiliated with Daimler against claims asserted by the Customer or third parties against Daimler or a company affiliated with Daimler under a warranty, under warranty rights, or otherwise due to an (alleged) defect in our products or services (e.g. in order to prove that a product was not faulty).

Daimler or a company affiliated with Daimler also reserves the right to use Vehicle Data to assert and exercise legal claims.

Daimler or a company affiliated with Daimler also analyzes Vehicle Data for the purpose of product monitoring (product testing).

The legal basis for processing the data is Daimler’s legitimate interest in fulfilling the contractual obligations arising from the TruckLive contract with the customer (Art. 6 (1)(1)(f) GDPR), unless there are already corresponding legal obligations to collect and process the Vehicle Data for this purpose (in this case, Art. 6 (1) (c) GDPR constitutes the legal basis). Daimler also has a legitimate interest in this.

Note: Daimler also uses Vehicle Data for purposes of product and service development. Information about this is available in the separate Data Protection Notice for Product and Service Development, click the following link to view it https://mytruckpoint.mercedes-benz-trucks.com.

Daimler Truck UK Limited
Version: November 2024