Copyrights

Copyright 2020 Daimler AG. All Rights Reserved. The text, images, graphics, sound files, animation files, video files and their arrangement on Daimler Platforms are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some Daimler sites also contain material that is subject to the copyright rights of their providers.

Products variations and prices

Some of the product information, illustrations and images contained on this Platform may have been prepared for generic use on Daimler Platforms maintained in different countries around the world. Consequently, some of the information and/or accessories which are not available in some countries or which, in order to satisfy local market demand or regulatory controls in such countries, may only be available in different specifications or configurations. If you are interested in any vehicle model, paint, option or accessory shown on the Platform and are unsure of its availability or specification in your locality, you should contact Daimler Commercial Vehicles (Thailand) Ltd. and/or a local authorized dealer for the relevant product, for information of current details in your locality. All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.

Trademarks

Unless otherwise indicated, all brands displayed on Daimler Platforms are subject to the trademark rights of Daimler, this applies especially to its model names, and its corporate logos and emblems.

Licence rights

Daimler has sought to achieve an innovative and informative Platform. We hope that you will be as enthusiastic as we are about this creative effort. However, we hope you understand that Daimler must protect its intellectual property, including its patents, trademarks and copyrights. Accordingly, you are hereby on notice that neither this Platform, nor any material contained therein shall in any way grant or be taken to grant any person a licence to Daimler’s intellectual property.

Forward-looking statements

This platform contains forward-looking statements based on beliefs of Daimler management. When used in this Platform, words such as "anticipate", "believe", "estimate", "expect", "intend", "plan" and "project" are intended to identify forward-looking statements. Such statements reflect the views of Daimler as of the date made with respect to future events and are subject to risks and uncertainties. As explained in Daimler AG´s filings with the U.S. Securities and Exchange Commission (including, it´s most recent annual report on Form 20-F), many factors could cause actual results to be materially different from those projected here, including, among others, changes in general economic and business conditions, changes in currency exchange rates and interest rates, introduction of competing products, lack of acceptance of new products or services and changes in business strategy. Daimler disclaims any intention or obligation to update these forward-looking statements.

No warranties or representations.

The information on this platform is provided by Daimler "as is" and to the extent permitted by law, is provided without warranty of any kind, expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. This platform contains links to external sites, which are not under the control of Daimler. Therefore, we are not responsible for the contents of any linked site. Daimler is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Daimler of the linked site.

Sales Conditions for Contract Goods

I. General

1. The sales conditions hereinafter described shall be applicable to the sales of Contract Goods, including but not limited to any vehicles, parts, components, assemblies, aggregates, or any accessories distributed by Daimler Commercial Vehicles (Thailand) Ltd. (DCVT) via this Platform.
2. DCVT shall be entitled to determine the details of execution and reserves the right to make any alterations in design. DCVT’s statement relating to weights, dimension, speeds, freight rates, figures, etc. even if contained in catalogues or prospectuses shall be considered to be approximate only and of no legal effect.>

II. Terms of payment

1. Terms of payment shall be in accordance with terms and conditions in Floorplan – Display Agreement that made between Daimler Group Company and DEALER.
2. In the event that Floorplan – Display Agreement has not been made between Daimler Group Company and DEALER, the following terms shall apply:
   • In case of vehicles: within 10 days after the invoice date.
   • In case of parts, accessories, components, assemblies and aggregates or any accessories: by the 15th of the following month after delivery.

III. Delivery

1. DCVT shall deliver purchased Contract Goods within an agreed time after an acceptance of purchase order has been made at the place of business of DEALER through the professional method of transport, but without any liability on DCVT’s part for any aspect of the transport and subject to the availability of the DCVT. The delivery date provided by DCVT is only an estimate and is based upon prompt receipt of all necessary information from DEALER.
2. If DEALER causes DCVT to delay shipment, DCVT shall be entitled to any and all extra costs and expenses resulting from the delay. DCVT shall not be liable for any delays, loss, or damage in transit, and failure to deliver within the estimated time shall not be a material breach of contract on DCVT’s part.
3. In the event of Force Majeure Event, including but not limited to strikes, lock-outs, work disturbances, delay in delivery on the part of DCVT’s suppliers, interruption of or impediments to transport, mobilization, war, riot, and similar events as well as the effects thereof on DCVT’s capacity to make delivery shall be deemed to exclude a breach of contract on DCVT’s part, DCVT shall be entitled to repudiate the sales agreement wholly or in part or to postpone the performance for the duration of the impediment to production or delivery, the purchaser not being entitled to any claims or rights in consequence of such repudiation or postponement.

IV. Acceptance

1. DEALER shall be entitled to examine the purchased Contract Goods to be delivered, either in person or through a representative. Acceptance of the purchased Contract Goods to be delivered must be made at the earlier of (1) the date of delivery or (2) within one week from the date of notification that the Contract Goods are ready for delivery, or (3) any other date as designated by DCVT. Failing to do so, DCVT may charge DEALER for cost of storage, insurance, etc. If the DEALER waives expressly or implicitly its right to examine the purchased Contract Goods, DEALER shall be deemed to have accepted the purchased Contract Goods. No subsequent complaints shall be permissible. DEALER shall be deemed to have waived the right of examination if DEALER orders the dispatch or fails to carry out the examination within the above-mentioned period of acceptance.

V. Validity, ownership and risk

1. Agreement of sale and purchase under this platform shall be deemed valid, binding and effective upon DCVT’s acceptance on purchase orders issued by DEALER and shall be subject to terms and conditions set forth in this Legal Notice and the Dealer Agreement. Any alterations or supplements to the sale and purchase are binding on DCVT only when DCVT has confirmed them in writing.
2. Ownership of the purchased Contract Goods shall be transferred from DCVT to DEALER upon the delivery of purchased Contract Goods at the agreed destination subject to the Floorplan-Display Agreement.
3. The risk of damage, deterioration and loss of the Contract Goods is borne by DEALER upon the delivery of Contract Goods at mutually agreed destination.
4. Without DCVT’s prior written agreement, the purchaser may not transfer ownership of any goods delivered or grant any security interest any such goods, as long as DCVT remains owner of such goods. In the event of any contravention, a penalty equaling twice the amount of balance then outstanding of the price shall be payable.
5. If any creditors of DEALER or other third parties take any steps with regard to the purchased Contract Goods, in particular in the event of any attachment of the Contract Goods, DEALER shall inform DCVT at once per methods designated in Article 16 of the Dealer Agreement and shall bear any and all costs of any measures for the defense against any such steps.

VI. Liability

DCVT shall not be liable in any circumstances for any direct or indirect damages arising from the Contract Goods or the sale and purchase agreement.

VII. General provisions

Any verbal declarations of DCVT’s agents or employees are binding on DCVT only if any when they have been legally confirmed by DCVT in writing.

Right to Assign Sub-Users Account

DEALER shall have the right to grant authorized sub-users permission to access and perform function within DEALER’s account.

All burdens, terms, covenants, conditions and obligations contained herein shall be binding upon DEALER and his sub-users.

System Usage

DEALER and sub-users, as an authorized account holder, shall observe the rules, terms and conditions relating to the use of Daimler Platform, systems and related equipment, hardware and software from time to time implemented by DCVT. All communications, including orders for Contract Goods, claims, and notices submitted through the Systems using DEALER or sub-users’ numbers, codes and passwords are valid and legally binding upon DEALER, and all such orders, notices or communications are valid and legally binding orders, notices and communications, as the case may be, as if DEALER had submitted such order, notice or communication to DCVT in writing, and is deemed to be "signed" or "sealed" by DEALER as if in writing and signed or sealed by or on behalf of DEALER by hand, for purposes of any law requiring an order for goods or services, notices or communications to be in writing and to be signed or sealed. All uses of identification numbers, codes, passwords and sub-users account for the Systems shall be presumed to be authorized by DEALER until DEALER notifies DCVT that the number, code, password or sub-users account is compromised. DCVT will cancel and will issue a new password to DEALER whenever DEALER indicates the password is compromised. DCVT is not liable for any delays or lack of access to any System arising from such cancellation.

The Controller defined by the Personal Data Protection Act B.E. 2562 (2019) (PDPA) is:

Daimler Commercial Vehicles (Thailand) Ltd. (“We”, “Our”)

3 Rajanakarn Building, 20th Floor,South Sathorn Road,

Yannawa,Sathorn, Bangkok, Thailand

E-Mail: dpo.dcvt@daimler.com

Data Protection Officer:

Daimler Commercial Vehicles (Thailand) Ltd.

3 Rajanakarn Building, 20th Floor,South Sathorn Road,

Yannawa,Sathorn, Bangkok, Thailand

E-Mail: dpo.dcvt@daimler.com

1. Data protection

We are pleased about your visit on our web pages and your interest in our products we offer. The protection of your personal data is an important concern for us. In this Privacy Statement, we explain how we collect your personal data, what we do with it, for what purposes and on what legal foundation we do so, and which rights and claims are associated with it for you. In addition, we refer to Daimler’s Data Protection Policy:

Daimler Data Protection Policy

Our Privacy Statement for the use of our websites and the Data Protection Policy of Daimler AG do not apply to your activities on the websites of social networks or other providers that you can reach via the links on our websites. Please read the data protection regulations on the websites of those providers.

2. Collection and processing of your personal data

1. When you visit our website, we store certain information about the browser and operating system you are using, the date and time of your visit, the status of interaction (e.g. whether you were able to access a website or received an error message), the usage of features on the website, any search phrases you entered, the frequency with which you access individual websites, the designation of files accessed, the amount of data transferred, the web page from which you accessed our websites and the web page which you visit after visiting our websites, whether by clicking links on our websites or by entering a do-main directly in the input field of the same tab (or the same window) of the browser in which you have our websites open. We also store your IP address and the name of your Internet service provider for seven days for security reasons, in particular to prevent and detect attacks on our websites or attempts at fraud.
2. We only store other personal data if you provide this data, e.g. as part of a registration, a contact form, a survey, a price competition or for the execution of a contract, and even in these cases only insofar as this is permitted to us on the basis of a consent given by you or in accordance with the applicable legal provisions (further information on this can be found below in the section “Legal basis of collecting, using and disclosing”).
3. You are not legally or contractually obliged to make available your personal data. However, it is possible that certain functions of our websites depend on the availability of personal data. If you do not make available personal data in these cases, this may result in functions not being available or only being available to a limited extent.

3. Purposes of use

1. We use the personal data collected when you visit our website in order to make using them as convenient as possible for you and to protect our IT systems against attacks and other unlawful activities.
2. If you share additional information with us for example, by filling out a registration form, contact form, survey, contest entry or to execute a contract with you, we will use that information for the designated purposes, purposes of customer management and if required for purposes of processing and billing and business trans-actions within the required scope in each instance.

4. Transfer of personal data to third parties; social plugins; use of service providers

1. Our websites may also contain an offer of third parties. If you click on such an offer, we transfer data to the respective provider to the required extent (e.g. information that you have found this offer with us and, if applicable, further information that you have already pro-vided on our websites for this purpose).
2. When we use social plug-ins on our websites from social networks such as Facebook, Instagram and Twitter, we integrate them as follows: When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you want to use one of the networks, click on the respective social plug-in to establish a direct connection to the server of the respective network. If you have a user account on the network and are logged in when you activate the social plug-in, the network can associate your visit to our websites with your user account. If you want to avoid this, please log out of the network before activating the social plug-in. A social network cannot associate a visit to other Daimler websites until you have activated an existing social plug-in. When you activate a social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our websites. In this situation, data transmissions can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on that platform are governed solely by the privacy policies of that network. The social plug-in remains active until you deactivate it or delete your cookies. Cookie Statement [link]
3. If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside Thailand that, from the point of view of the Personal Data Protection Committee ("PDPC"), may not guarantee an "adequate level of protection" for the collection, use and disclosure of personal data in accordance with PDPC standards. Please remember this fact before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.
4. We also use qualified service providers (IT service providers, marketing agencies) to operate, optimize and secure our websites. We only pass on personal data to the latter insofar as this is necessary for the provision and use of the website and its functionalities, for the pursuit of legitimate interests or insofar as you have consented there to (see Section 7). Data may be transmitted to recipients outside Thailand; please refer to section 12 below.

5. Evaluation of use data ("tracking") and use-based information ("(re-)targeting")

5.1 General

We aim to tailor the content of our web pages as accurately as possible to your interests in order to improve our offer for you. To recognize use preferences and particularly popular areas of the websites, we use the following tracking technologies: Adobe Analytics, Google Analytics, Kenshoo. We use so-called targeting and retargeting technologies in order to tailor our online marketing (e.g. banner ads) more specifically to your needs and interests. Adobe Target, Flashtalking by Simplicity Marketing Limited, Google Search Ad, Google Display & Video 360, Facebook Pixel, Salesforce Data Management Platform, Sqreem (Acorn), These are monitored and used when you visit other web-sites that work together with the providers of these (re-)targeting technologies, so as to inform you while meeting your interests as closely as possible.

When the above technologies are used, cookies on our websites and (in the case of retargeting) on the websites of others register your interest in our products and services. In the process, random identifiers (so-called cookie IDs) are used which are not brought into connection with your name, your address or similar information, even if this information is known to us (e.g. from an existing contractual relationship), unless you have consented to this. Stored cookies are also shared with Mercedes-Benz Leasing (Thailand); our financial service partner.

Further information about the above technologies from the respective providers, and the associated collection, use and disclosure of personal data, can be found at the following links: Adobe Systems Software Ireland Limited, Dublin,Ireland: https://www.adobe.com /de/privacy.html Google Ireland Limited, Dublin, Ireland: https://policies.google.com/technologies/partner-sites Simplicity Marketing Limited [insert place, country: https://www.flashtalking.com/de-privacy-policy/ Salesforce.com EMEA Limited, London, UK: https://www.salesforce.com/de/company/privacy/ Facebook Ireland Ltd., Dublin, Ireland: https://www.facebook.com/about/privacy/update and https://help.instagram.com/519522125107875

You can manage and deactivate the use of cookies on the following websites for the technology providers listed there or in your browser as explained in our cookie statement: https://www.youronlinechoices.com/uk/your-ad-choices https://optout.aboutads.info

For legal reasons, the use of tracking and (re-)targeting technologies is sometimes only possible with your express consent (so-called opt-In – see section 5.2); in the other cases you can object to the use of such technologies if you wish (so-called opt-out – see section 5.3.).

5.2 Use of online marketing products from Google and Facebook – Opt-in

We only use online marketing products from Google (e.g. Search Ad, Display & Video 360) and Facebook (so-called “Facebook Pixel”) with your express consent, which you can grant by clicking on the "Agree" button in the so-called Cookie Information Layer ("Opt-in"). We store this consent in a cookie on your device so that you are not asked for consent again each time you visit our websites, and for legal reasons, also on our servers with the IP address and a time stamp; we delete this information or restrict its collection, use and disclosure if you withdraw your consent or 6 months at the latest after your last visit to our websites.

Should you change your mind at any time, you can withdraw your consent by clicking on the following link:

Withdraw consent to online marketing products from Google and Facebook

To delete cookies set with your consent when visiting our websites after your consent to these online marketing products is withdrawn, please visit the following websites or delete the cookies in your browser as explained in our cookie statement:

Google: https://adssettings.google.de/anonymous Facebook and Instagram: https://facebook.com/ads/preferences

5.3 Use of technologies by other providers – Opt-out

If you do not wish us to use the above tracking and (re-)targeting tools to collect and analyze information about your visit to our websites, you can permanently object to the practice ("opt out") at any time.

We will comply with your objection by placing an opt-out cookie in your browser. This cookie will only indicate that you have opted out. Please note that for technical reasons, an opt-out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.

The following are the respective opt-out options for the individual technologies:

Adobe Analytics: https://www.adobe.com/de/privacy/opt-out.html

Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=de

Flashtalking: https://www.flashtalking.com/optout/ Salesforce DMP: https://www.salesforce.com/products/marketing-cloud/sfmc/salesforce-dmp-consumer-choice/

5.4 Data transmission to so-called third countries

When using tracking and (re)targeting technologies, data may be transmitted to recipients outside Thailand; please see section 12 below.

6. Security

We take technical and organizational security measures in order to protect your data managed by us from being tampered with, lost, destroyed or accessed by unauthorized individuals. We are continuously improving our security measures in line with technological advancements.

7. Legal Foundations for Collecting, Using and/or Disclosing Personal Data

1. If you have given us your consent to collect, use and/or disclose your personal data, then that is the legal foundation for collecting, using and/or disclosing it (Section 24, para.1, of the Personal Data Protection Act, B.E. 2562 (2019), or PDPA).
2. Section 24 (3), of the PDPA is the legal basis for collecting, using and/or disclosing personal data for the purpose of entering into a contact or performing a contract with you.
3. If collecting, using and/or disclosing your personal data is required to fulfill our legal obligations (e.g. data retention), we are authorized to do so by Section 24 (6), of the PDPA.
4. Furthermore, we collect, use and/or disclose personal data for purposes of protecting our legitimate interests as well as the interests of third parties in accordance with Section 24 (5), of the PDPA. Examples of such legitimate interests include maintaining the functionality of our IT systems as well as the (direct) marketing of our products and services and those of third parties and the legally required documentation of business contacts. As part of the consideration of interests required in each case, we take into account various aspects, in particular the type of personal information, the purpose of collecting, using and/or disclosing personal data, the circumstances of collecting, using and disclosing personal data and your interest in the confidentiality of your personal data.

8. Deletion of your personal data

Your IP address and the name of your Internet service provider, which we store for security reasons, are deleted after seven days. Otherwise, we delete your personal information as soon as the purpose for which it was collected, used and/or disclosed no longer applies. Beyond this time period, data storage only takes place to the extent made necessary by the legislation, regulations or other legal provisions to which we are subject in Thailand or by legal provisions in third-party countries if these have an appropriate level of data protection. Should it not be possible to delete data in individual cases, the relevant personal data are flagged to restrict their further collection, use and disclosure.

9. Rights of data subjects

1. As a data subject, you have the right to information (Section 31 PDPA), rectification (Section 36 PDPA), erasure (Section 33 PDPA), restriction of processing (Section 32 PDPA) and data portability (Section 31 PDPA).
2. If you have given your consent to us processing your personal data, you have the right to withdraw your consent at any time. The lawfulness of processing your personal data up until you withdraw the consent shall not be affected by the process of withdrawal. Any additional processing of this data shall also remain unaffected on the basis of a different legal basis, e.g. to comply with legal obligations (cf. section entitled "Legal basis for processing").
3. Right to object, For reasons relating to your particular situation, you have the right to file an objection at any time to the collection, use and/or disclosure of personal data pertaining to you that is collected under Section 24 (4) PDPA ( our public interest) or Section 24 (4) PDPA (our legitimate interests). If you file an objection, we will continue to collect, use and/or disclose your personal data only if we can document mandatory, legitimate reasons that outweigh your interests, rights and freedoms, or if collecting, using and/or disclosing is for the assertion, exercise or defense of legal claims.
4. We ask you to address your claims or declarations to the following contact address if possible: [dpo.dcvt@daimler.com]
5. If you believe that the collection, use and/or disclosure of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Section 73 PDPA).

10. Newsletter

If you subscribe to a newsletter offered on our website, the information provided during registration for the newsletter will be used solely for the purpose of mailing the newsletter unless you consent to its use for additional purposes. You may cancel the subscription at any time by using the option to unsubscribe contained in the newsletter.

11. Daimler AG's Central Registration Service

With the Central Registration Service offered by Daimler AG, you can sign up for every website and application belonging to the Daimler Group and its brands that are connected to the service. The applicable terms of use contain specific data protection provisions. Those terms of use can be found on the registration pages of affiliated websites and applications.

12. Data transmission to recipients outside Thailand

1. When using service providers (see section 4.d.), tracking and (re-)targeting (see section 5), personal data may be provided to recipients in countries outside Thailand are transferred and collected, used and/or disclosed there.
2. Currently, from the PDPC's point of view, there is no list of countries with an adequate level of personal data protection (so-called "adequacy"), in compliance with Thailand standards. We therefore need to rely on other legal exemptions for data transmission to recipients outside Thailand (such as, your consent, necessity for performance of contract with you, performance of contract with a third party for your benefits). In addition, we agree with recipients in other countries on the use of Thailand standard contractual clauses, or binding corporate regulations, when available, to create an "adequate level of protection" according to legal requirements. For more information, please use the contact details given in section 9.d. above.

13. Cookies

You can find information about the cookies we use and their functions in our Cookie Statement.

Cookie Statement