Thank you for your interest in Daimler’s Annual Shareholders’ Meeting and/or the e-service for shareholders. Protecting your personal data is our top priority. In the following privacy notice, we explain how your personal data is processed. You will also learn about your rights related to the processing of your personal data.
As you know, we are legally obliged to maintain a share register because we issue registered shares. If you provide us with personal data for the share register or for conducting our Annual Shareholders’ Meeting either in writing or by e‑mail or via our e-service for shareholders (https://register.daimler.com), or if you notify us of changes to personal data stored on you in Daimler AG’s share register, we will process your personal data as described below.
Information on the personal data that we collect and store on you when you visit our website at www.daimler.com can be found at https://www.daimler.com/privacy.
1. To whom does this privacy notice apply?
The following notice applies to Daimler AG shareholders and to their authorized proxies.
In addition to this privacy notice, there may be other privacy notices for certain service components.
2. Who is responsible for the processing of my data and whom can I contact about data protection?
Responsible for the processing of personal data described below is:
The contact information for the Data Protection Officer is as follows:
Chief Officer Corporate Data Protection
3. For which purposes and on which legal basis do we process your personal data?
We process your personal data in compliance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act, the German Stock Corporation Act (AktG), the Law on Measures in the Company, Cooperative, Association, Foundation and Home Ownership Law to Combat the Effects of the COVID-19 Pandemic (COVID-19 Act) and all other relevant legislation.
Shares in Daimler AG are registered shares. Section 67 of the AktG stipulates that registered shares must be entered in the company’s share register, stating the shareholder’s name, date of birth, postal address and e-mail address, as well as the number of shares held by that shareholder. Shareholders are obliged to provide this information to the company.
The credit institutions or intermediaries involved in purchasing or storing your registered shares in Daimler AG routinely forward the relevant information (including, for example, nationality and remitting bank) to us so that we can maintain the share register. This is carried out via Clearstream Banking Frankfurt, the central securities depository that performs the technical processing for security transactions and stores the shares for the credit institutions. If you sell Daimler shares, we are also notified of this via Clearstream Banking Frankfurt.
Our e-service for shareholders also allows you to notify us of changes to addresses and e‑mail addresses in order to receive annual meeting materials electronically and/or to receive personalized information. With our service, you are also able to directly see the key information recorded for you in the share register online. You can also use the e-service for shareholders to contact our Annual Meeting Service directly to register for the virtual annual meeting, to submit absentee votes or to issue proxy authorization and voting instructions to the Company-appointed proxies. As a shareholder entered in the share register, you can also use the e-service to follow the transmission of the virtual Annual Shareholders’ Meeting in sound and vision. Furthermore, you can register for the Annual Shareholders’ Meeting of Daimler AG, vote by postal vote or issue proxy voting authorization also in text form.
We use personal data received in accordance with Section 67 of the AktG as well as personal data provided by you via our e-service for shareholders or in any other way solely for the purposes specified by the AktG, that is, in particular to update our share register based on your information and to enable you, as a shareholder, to exercise your rights at the Annual Shareholders’ Meeting, as well as to communicate with you as a shareholder and to make our e-service for shareholders available for your use.
In order to prepare and conduct the Annual Shareholders’ Meeting, in addition to the personal data of the shareholders (persons entered in the share register), we may also process name, address, e‑mail address, instructions and type of ownership of the shares and share portfolio, as well as the name and address of any authorized proxies.
The processing of the aforementioned personal data is legally mandatory for you to vote in accordance with the provisions of the AktG.
If, in accordance with Section 1 Subsection 2 of the COVID-19 Act in conjunction with the requirements in the notice convening the virtual Annual Shareholders’ Meeting, you submit any questions via the e-service for shareholders in advance of the Annual Shareholders’ Meeting or object to any resolutions of the Annual Shareholders’ Meeting via the e-service for shareholders during the virtual Annual Shareholders’ Meeting, we therefore process your shareholder number, name and address in order to process the questions or objections.
The legal basis for processing your personal data and the personal data of representatives is the AktG in conjunction with Article 6 (1c) of the GDPR. Personal data beyond the information required by Section 67 of the AktG is processed on the basis of Article 6 (1f) of the GDPR. The legitimate interest is to provide you with easy access to your data, to offer you selected services in the e-service for shareholders and to provide you with or send you documents electronically if necessary.
If we want to use your personal data for a purpose not specified above, we will notify you of this in accordance with applicable law.
4. To which categories of recipients will we potentially forward your data?
External service providers:
We sometimes use external service providers for the administration and technical management of the share register, as well as for preparing and conducting the Annual Shareholders’ Meetings. Our partners are companies in the following categories: service providers for maintaining the share register, IT service providers, service providers for preparing and conducting the Annual Shareholders’ Meetings and their subcontractors.
We may also send your personal data to other recipients such as public authorities in order to meet statutory disclosure obligations (e.g. if a legally specified voting-rights threshold is exceeded). If you or a proxy that you have authorized participates in the Annual Shareholders’ Meeting, other participants in the Annual Shareholders’ Meeting can see personal data entered in the list of participants pursuant to Section 129 of the AktG; shareholders of Daimler AG may request access to the list of participants for up to two years after an Annual Shareholders’ Meeting. Within Daimler AG, employees have access to your personal data if that is necessary to fulfill our duties to you.
5. How long do we store your data?
We generally delete your personal data as soon as it is no longer required for the aforementioned purposes, unless we are obliged by law to provide proof and keep records (e.g. under the German Stock Corporation Act, the German Commercial Code, the German Fiscal Code). The storage period for data recorded in conjunction with Annual Shareholders’ Meetings is generally 3 years; data on requests to speak/questions, countermotions and election proposals is stored for 5 years. We generally have to store the data entered in the share register for 10 years after the sale of the related shares. Beyond that, we store personal data only under special circumstances, if required to do so in connection with claims asserted against our company.
As far as photographs and video recordings are concerned, we regularly delete your personal data 6 years after recording it.
6. How do we transfer data to non-European countries?
Should we transmit personal data to service providers outside the European Economic Area (EEA), this transmission only occurs if the European Commission has confirmed that the third country has an adequate level of data protection or if other appropriate data protection guarantees are in place.
As far as photographs and video recordings are concerned, recipients of your personal data are, in particular, all companies of the Daimler Group and other persons with access to the Daimler intranet and the Internet. The recordings will therefore also be transmitted outside the EEA. Information on the Internet can be accessed worldwide. Transmission is based on appropriate data-protection guarantees, specifically, the Daimler Data Protection Policy: https://www.daimler.com/privacy.
7. What rights do you have as a data subject?
You have the following rights in connection with the processing of your personal data:
the right to request information about the data stored by us (Art. 15 GDPR);the right to have your data corrected (Art. 16 GDPR);the right to have your data deleted (Art. 17 GDPR);the right to restrict the processing of your data (Art. 18 GDPR);the right to data portability (Art. 20 GDPR);the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).
In addition to the aforementioned rights of persons affected, you also have the right to object to the processing of your personal data (Article 21 of the GDPR). The objection can be sent free of charge to the aforementioned responsible person, stating the reasons for the objection.
If we process your personal data on the basis of consent you have given us, you have the right to revoke that consent at any time with effect for the future. This does not affect the lawfulness of the processing of your personal data until such revocation. The revocation is to be addressed to the aforementioned responsible person.
8. Would you like to assert your rights?
You have the option of contacting our Data Protection Officer (above, point 2) or a relevant data protection supervisory authority to assert your rights.