Consumer Privacy Notice and Important Contract of Arbitration
Consumer Privacy Notice
WHAT DOES MERCEDES-BENZ FINANCIAL SERVICES DO WITH YOUR INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Mercedes-Benz Financial Services chooses to share; and whether you can limit this sharing.
To limit our sharing
Call (866) 701-5053 — our menu will prompt you through your choices
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
Call (800) 654-6222
WHO WE ARE
Who is providing this notice?
Mercedes-Benz Financial Services USA LLC; Daimler Trust (collectively referred to as "Mercedes-Benz Financial Services")
WHAT WE DO
How does Mercedes-Benz Financial Services protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Mercedes-Benz Financial Services collect my personal information?
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing?
Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I hold jointly with someone else?
Your choices will apply to everyone on your account.
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Our affiliates include companies with a Mercedes-Benz or Daimler name; financial companies such as Daimler Insurance Agency LLC; and nonfinancial companies such as Mercedes-Benz USA, LLC.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Mercedes-Benz Financial Services does not share with nonaffiliates so they can market to you.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
Our joint marketing partners include automobile dealers and insurance companies.
OTHER IMPORTANT INFORMATION
You will also be provided an "Important Privacy Choices for Consumers" notice explaining your rights under California law.
Important Contract of Arbitration
The following Important Contract of Arbitration significantly affects Applicant's ("you" or "your") rights in any dispute with Mercedes-Benz Financial Services USA LLC. Please read this carefully before submitting this application.
- A. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
- B. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
- C. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
- D. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
- E. Other rights that you and/or we would have in court may not be available in arbitration.
Any claim or dispute, whether in contract, tort or otherwise (including any dispute over the interpretation, scope, or validity of this contract, arbitration section or the arbitrability of any issue), between you and us or any of our employees, agent, successors or assigns, which arises out of or relates to a credit application, this contract, or any resulting transaction or relationship arising out of this contract shall, at the election of either you or us, or our successor or assigns, be resolved by a neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. Whoever first demands arbitration may choose to proceed under the applicable rules of and be administered by the National Center for Dispute Settlement (http://www.ncdsusa.org), or any other organization that you may choose subject to our approval.
Whichever rules are chosen, the arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. Unless the rules require otherwise, the arbitration award shall be issued without a written opinion. The arbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay the initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, based upon your financial circumstances or the nature of your claim.
This application and Important Contract of Arbitration evidence a transaction involving interstate commerce. Any arbitration under this application and Important Contract of Arbitration shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.
Notwithstanding this application and Important Contract of Arbitration, our employees, parents, subsidiaries, affiliate companies, agents, successors, and assignees retain the right to exercise self-help remedies and to seek provisional remedies from a court, pending final determination of the dispute by the arbitrator. None of us waives the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court.
If any clause within this Important Contract of Arbitration, other than clause C or any similar provision dealing with class action, class arbitration, or consolidation, is found to be illegal or unenforceable, that clause will be severed from this Important Contract of Arbitration, and the remainder of this Important Contract of Arbitration will be given full force and effect. If any part of clause C or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire Important Contract of Arbitration will be severed and the remaining provisions of this application shall be given full force and effect as if this Important Contract of Arbitration had not been included in this application.
Consent to Use Electronic Records and Signatures
CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES
You have indicated you wish to receive and sign Communications electronically. Some of the information in the Communications is required by law to be "in writing" – which means you are entitled to receive the information on paper. With your consent, we may provide this information to you electronically instead. If you wish to submit an electronic credit application, we also need your general consent to use electronic records and signatures in connection with your credit application. If you decline, you will not be able to submit your credit application electronically.
Your consent applies to all of the Communications we provide to you or that you sign or agree to or submit at our request, in electronic form. We may also use electronic signatures and obtain them from you on any Communication.
We may always, in our sole discretion, provide you with any Communication on paper and require you to provide Communications to us on paper.
System Requirements for Accessing and Retaining Information
To access and retain electronic Communications, your device (such as a cellular smart phone, tablet, or computer) must be connected to the Internet, and receive and view content featuring Portable Network Graphics (PNG)-formatted Communications on a monitor or screen. The access device must have one of the following operating systems:
You must have an active email address and current version of email management software. You will also need electronic storage if you wish to retain records in electronic form.
Copies of this Consent to Use Electronic Records and Signatures, the Consumer Privacy Notice, State Disclosures and Acknowledgements, and Important Contract of Arbitration are always available by clicking "Credit Application Disclosures" under the "Policies" link on mbusa.com. By providing consent, you are also agreeing that we may provide your retention copies of these Communications by making them available as part of our website.
Requesting Paper Copies
You may request a paper copy of any electronic Communication we have provided to you and the credit application information you have provided by contacting us at (800) 654-6222.
Withdrawing Your Consent
You may withdraw your consent to the use of electronic records and signatures at any time by closing and deleting the or website before completing and submitting your application on mbusa.com. If you withdraw your consent, you will not be able to complete your credit application on our website. Your withdrawal of consent will be effective only with respect to future Communications and only after we have a reasonable period of time to act on it.
Updating Your Contact Information
You may update your contact information with us, including your email address, at any time by contacting our Customer Service Department at (800) 654-6222.
Confirming Your Consent
By providing your consent to use electronic records and signatures, you confirm that:
You agree that we may provide you with retention copies of certain Communications by keeping them available to you on our website.
State Disclosures and Acknowledgements
CALIFORNIA RESIDENTS: Applicant, if married, may apply for a separate account.
MAINE AND TENNESSEE RESIDENTS: You must have physical damage insurance covering loss or damage to the vehicle for the term of any contract. For a lease, you must also have the liability insurance as described in the lease. You may buy this insurance from anyone you choose. You do not have to buy it from or through someone affiliated with the dealer or an assignee of this contract. Your choice of insurance will not affect the credit approval process unless the insurance does not satisfy the contract requirements or the insurance company does not satisfy the reasonable standards of the dealer or an assignee of the contract.
NEW HAMPSHIRE RESIDENTS: If you are applying for a balloon payment contract, you are entitled, if you ask, to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor's existing refinance programs. You would be entitled to receive the estimate before you enter into a balloon payment contract. A balloon payment contract is an installment sale contract with a final scheduled payment that it at least twice the amount of one of the earlier scheduled equal periodic installment payments.
NEW YORK RESIDENTS: Consumer reports may be requested in connection with this application. Upon your request, you will be informed as to whether or not a consumer report was requested and informed of the name and address of the consumer reporting agency that furnished the report. On any update, renewal or extension of this credit, subsequent consumer reports may be requested
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
RHODE ISLAND RESIDENTS: A credit report may be requested in connection with this application for credit. You have the right to choose the agent and insurer for the insurance required in connection with this transaction, subject to our reasonable approval consistent with the requirements of applicable law.
VERMONT RESIDENTS: You consent to the dealer or any assignee of the account or credit agreement or other financial services provider to whom this application is shared to obtain a credit report in connection with this application for credit. In addition, you consent to the holder of your account or credit agreement and any subsequent holder to obtain credit reports in connection with the same transaction or extension of credit, for the purpose of reviewing the account, taking collection action on the account, or for other legitimate purpose associated with the account.
MARRIED WISCONSIN RESIDENTS: No provision of any marital property agreement, any unilateral statement under Wis. Stat § 766.59 or any court decree under § 766.70 applied to material property adversely affects our interest unless you furnish a copy of the agreement, statement, or court decree or we have actual knowledge of such adverse provision before credit is granted. If you are making this credit application individually and not jointly with your spouse, complete Section A about yourself and Section B about your non-applicant spouse. Your non- applicant spouse should not sign the credit application if you are applying for individual credit.
By submitting this application: