Mercedes-Benz Events App

Represented by the Board of Management: Ola Källenius (Chairman), Jörg Burzer, Renata Jungo Brüngger, Sabine Kohleisen, Markus Schäfer, Britta Seeger, Hubertus Troska, Harald Wilhelm

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

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 (contacts, photos, camera, microphone, health).

If an event (or workspace or campaign) uses an Activity challenge advanced module that includes step count data, and participants allow the use of step count on their devices, this data is collected solely to foster engagement. The data is used only within the scope of the challenge for this specific event, reported in aggregate form, and is not retained or processed as health-related data or personal activity profiles.

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.

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

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."

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").

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."

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 Push notifications

If you have opted into the receipt of push notifications on information about the event in the app when you first launched the app or later when you activated the function, you will receive these push notifications on your device. You can deactivate or reactivate these push notifications at any time at/under phone settings.

4 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.

5 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:

Mercedes-Benz Group AG Chief Officer, Corporate Data Protection HPC E600 D-70546 Stuttgart E-Mail: data.protection@mercedes-benz.com

6 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:

Data processing for contract fulfillment: Article 6, para. 1 b) GDPR Data processing pursuant to your consent: Article 6, para. 1 a) GDPR Data processing for the protection of legitimate interests: Article 6, para. 1 f) GDPR Data processing for compliance with legal requirements: Article 6, para. 1 c) GDPR

"Appropriate safeguards" as defined by Art. 46 GDPR when using service providers as set forth in the section "Recipients of personal data" are provided by standard data protection clauses as approved or adopted by the European Commission, binding internal data protection regulations, or similar instruments. For an electronic copy of the relevant excerpts, please contact the corporate data protection officer.

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).

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.

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).

7 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.

This App is being provided by its Publisher in an app store (“Platform”) of the individual operator (“Platform Operator”). Contractual partner of the User is the Publisher indicated therein, unless the provider information indicates a different provider, then that Provider (“Provider”) is beneficiary of this EULA, grants to the User respective rights to use the App and potentially provides support for the App.

The User is contractual partner for use of the app either in its own capacity as a private person or as a representative of the enterprise, by which he is employed. If the User concludes the contract without being authorized to do so, the User will become contractual partner regarding this EULA in its own capacity.

In case a registration of a User account is required, the User must enter correct and complete data and keep such information current at all times. For the handling of this data, Part II is applicable.

The lawfully eligible User is granted the non-exclusive, non-sublicensable, nontransferable and revocable right to use the App free of charge in accordance with the EULA for private purposes only. The license is limited in time to the term of this EULA.

The license grant regarding the app including its content is limited to a period of months following the supply of the App by the User from the respective app store.

Deviations and additions may result from information and terms for FOSS (sec. 2.2) and for third party content (sec. 2.3).

The App may contain parts of free and open source software (“FOSS”). For those components the Information and Terms for FOSS Information. [1] have priority over this EULA.

The App may contain or use third party software or content. For those components the Information and Terms for Third Party Content [2] have priority over this EULA. As far as rights are granted by a third party provider directly, the User enters into an agreement under the applicable terms with the third party provider regarding the use of the third party content when agreeing to this EULA. In case of a breach or violation of that agreement the third party provider may raise claims against the User.

The license is granted under the resolutive condition that the User obeys this EULA. In case of a breach of the User against this EULA, the license grant regarding the App and its content automatically expires. Irrespective thereof the Publisher and the Provider of the App may revoke the granted rights to use the App by unilateral declaration with immediate effect.

In addition to the expiration of usage rights a breach against the EULA may have further legal consequences for the User, e.g. because of unlawful use of the App and its content. This also includes the omission or discontinuation of any further use of the App and claims for damages.

The User may use the App and its content for private purposes only and may not make its content accessible to the public, e.g in social networks or by any other means.

The User informs the app support about disruptions or dysfunctions regarding the App immediately to the contact stated under App Support [3] .

The User is obliged and warrants to use the App only in a lawful manner and in accordance with this EULA and applicable laws.

It is not permitted to allow the use of the App to any third party paid or nonpaid, to publish, to license, to sell or otherwise commercially exploit the App. No rights may be granted regarding the App, including rental, lease or transfer in any other way, which is inadmissible.

It is not permitted to change, to adapt or adjust, to translate, to create derivative works, to decompile, to reverse engineer, to disassemble the App, or otherwise try to derive the source code of the App. Legal powers to do so remain unaffected, in particular the User right to decompile the App in order to gain the necessary information to achieve interoperability with other programs, as far as the Publisher does not provide these under reasonable conditions.

Any use of the App that has a negative impact on the App itself, associated websites or on software that the App accesses, is forbidden.

The app is provided “as is” and free of charge. In particular, no liability will be assumed for availability of the app and its content. Claims with regards to warranties for defects of the app are excluded, except for intent or gross negligence of the publisher or the provider of the app. The same applies with regards to potential support.

The Publisher makes every effort to provide accurate and up to date information within the App. However, the publisher does not assume any responsibility regarding the completeness and accuracy of such information. The presentation of goods, services and prices is without any guarantee regarding its completeness and accuracy and does neither constitute a contractual offer nor a claim for conclusion of a contract.

Notwithstanding anything to the contrary in this section 5, nothing in this section 5 shall limit or exclude any mandatory warranty of the publisher or of the provider to the extent that such limitation or exclusion is prohibited under applicable law.

Irrespective of a fault of the Publisher or the Provider, liability for fraudulent concealment of a defect, for acceptance of a guarantee or a procurement risk and after the Product Liability Act remains unaffected. Personal liability of legal representatives, vicarious agents and employees of the publisher and the provider for damages caused by ordinary negligence is hereby excluded.

In case a claim is being raised against the publisher or the provider of the App by the Publisher or the Provider of the App by a third party regarding a breach of the EULA by the User, the User indemnifies and holds harmless the Publisher and the Provider from any such claims and cost, that result directly or indirectly including reasonable cost for legal advice of and defense by an attorney. This does not apply as far as the user is not responsible for such a breach. The Publisher reserves the right to take over the defense against such claims.

Notwithstanding anything to the contrary in this section 6, nothing in this section 6 shall limit or exclude the liability of the publisher or of the provider to the extent that such limitation or exclusion is prohibited under applicable law.

The Publisher reserves the right to change this EULA if he deems it necessary. The Publisher will inform the User of material changes to the EULA. Changes will come into effect 30 days after such notification automatically. If a User does not agree with a change, he has to uninstall the App and not use it any further. By further using the App the User agrees to the changed EULA. Invalidity of Individual Clauses

In case individual provisions of this EULA shall be or become ineffective, void or unenforceable, this does not affect the remaining provisions. Applicable Law

This EULA shall be governed by applicable German Law for domestic purchasers under exclusion of the UN-purchase right (CISG). Place of Venue

If the Customer is a merchant, a legal entity of public law or of special fund under public law the place of performance and jurisdiction shall be Stuttgart. Mandatory statutory jurisdiction shall remain unaffected.

1. This EULA is concluded between the User and the Publisher only and not with Apple. Apple does not assume any responsibility for the App, but is - in case of a breach of the EULA - entitled to raise claims against the User (Apple is in so far beneficiary to the EULA).

2. The Publisher grants the User the right to use the App only on iOS-devices that are owned or operated by him and in accordance with the App Store EULA.

4. Apple does not assume any responsibility for the review, defense, settlement or satisfaction of claims resulting from the infringement of third party intellectual property rights.

5. Apple is not obliged to react on claims brought against Apple by the User or a third party in connection with the App or the property and/or the use of the App. This applies among others for the following claims: (a) product liability claims; (b) claims on the basis of assertion that the App is in breach of legal or regulatory provisions and (c) consumer protection claims or similar laws and regulations.

6. If the App does not satisfy an applicable warranty or guarantee, the User is entitled to inform Apple, so that Apple may reimburse to the User the purchase price, if applicable. As far as legally permissive, Apple does not assume any warranty regarding the App.

7. Apple and its subsidiaries are beneficiary of the privacy statement and this EULA and are after acceptance by the User therefore entitled to (and this right is deemed to have been accepted) derive rights from this EULA and raise claims against the User.

Mercedes-Benz Group AG will not participate in a dispute settlement proceeding in front of a consumer arbitration board according to the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.