MERCEDES-BENZ CANADA INC. 2018 DEALER OPERATING REQUIREMENTS AGREEMENT (DORA) CUSTOMER INFORMATION ADDENDUM
- This Dealer Addendum (the “Addendum”) between Mercedes-Benz-Canada Inc. (“M-B Canada”) and Van Herpt Motors Limited (“Dealer”) doing business as Mercedes-Benz Kingston shall be attached as Schedule “A” to the Dealer Operating Requirements Agreement (the “DORA”) and shall form part of the DORA which is incorporated by reference into and together with the MercedesBenz Canada Inc. Motor Vehicle Dealer Agreement Standard Provisions (the “Standard Provisions”) and forms part of the Mercedes-Benz Canada Inc. Motor Vehicle Agreement, effective January 1, 2018 (collectively, the “Dealer Agreement”).
- It is hereby agreed between M-B Canada and Dealer that Dealer shall take the actions outlined in this Addendum to comply with its reasonable and material obligations in accordance with the terms of its Dealer Agreement.
- Mercedes-Benz Canada Inc. (“MBC”) is committed to protecting the personal information of our customers and to comply to the Daimler Code of Conduct for Data Protection and Privacy, the Personal Information Protection and Electronic Documents Act (PIPEDA), the Canadian Marketing Associations’ Code of Ethics and Standards of Practice, and, if applicable, provincial privacy laws.
- The following terms are examples can be included to satisfy these requirements:Example:
I. How we use your information:
a) Initiate, maintain, and improve our relationship with our customers by providing them with personalization of their experience, including to: remember customer interests and preferences; customize the products and services we share with customers; facilitate customer interactions with our employees; track and categorize customer activity and interests on our website and mobile application and to enrich the customer experience in our dealerships, on our website, and through our mobile application;
b) Improve our products and services through quality assurance and improvement activities, including to: develop and promote new products and services; to improve or modify our existing products and services; and to analyze and improve the safety and security of our products and services;
c) Perform analytics, such as to: understand how customers use our website, mobile applications, products and services; generate insights and understand how customers interact with us; and improve our website, mobile applications, products and services.
II. We may disclose personal information to third parties, including the following:
a) To business partners, such as: Mercedes-Benz Canada Inc. Daimler AG, and their associated and affiliated companies.
- Dealer shall indemnify and hold Daimler AG and MBC harmless against any judgment which may be rendered against Daimler AG or MBC, plus reasonable legal fees, resulting from complaints seeking monetary damages filed against Daimler AG or MBC concerning:
a) Dealer’s alleged failure to perform, or negligent performance of the service obligations assumed by it pursuant to this Agreement, or any maintenance or repair service on MB motor vehicles or such other motor vehicles as may be sold or serviced by Dealer.b) Dealer’s alleged breach of any contract between Dealer and Dealer’s customer, provided, however, that the breach was not caused by any act or omission on the part of MBC concerning which MBC unreasonably failed to notify Dealer prior to the date of Dealer’s entering into the contract with is customer; or
c) Dealer’s alleged misleading statements, misrepresentations, or unfair or deceptive acts or practices, whether through advertisements or otherwise, affecting any customer of Dealer, provided, however, that the statements, representations or advertisements are not based on information or material produced or supplied by MBC not subsequently superseded or withdrawn by MBC and Dealer so notified in writing.
- Enforcement of the terms of this Addendum shall be subject to the provisions of the Dealer Agreement.
- Unless otherwise amended by this Addendum or by the parties in writing, all other provisions of the Dealer Agreement shall remain the same.
This Addendum is effective as of the 1st day of March, 2018 (the “Effective Date”).
IN WITNESS WHEREOF, the parties have duly executed this Addendum as of the Effective Date written above.