1.1  Introduction

1.1.1    Publisher and Provider

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 Platform Operator is not contractual partner of the User regarding the App or its content.

1.1.2    User of the App and Purpose of the Use

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.

This App may only be used by the following users and only for the indicated purposes:

This App may be used by any lawfully eligible User for both personal as well as for business purposes.

1.1.3    Function and Purpose of the App

AMG TRACK PACE is an app for ambitious Mercedes-AMG drivers who want to record, analyze and evaluate numerous vehicle data and times on the race track and share their experiences with their friends.

AMG TRACK PACE is packed with innovative features for your race inside your vehicle within the Head-up display, media display and digital instrument cluster, which get enhanced with the smartphone app connected by the InCar WiFi Hotspot. This gives you driving experiences on a par with real motor racing. Capturing your emotions while having a maximal control about your driving performance while racing.

Current features of AMG TRACK PACE:

Before the race

Pre-recorded race tracks:

• Up to 12 well-known race tracks such as the Nürburgring, Laguna Seca or Circuit Ricardo Tormo are already deposited inside your vehicles infotainment system.
• More than 60 additional pre-recorded race tracks can be found inside the smartphone application.
• All race tracks can be synchronized between the smartphone app and your vehicle.
• Race tracks can be exported by making use of a USB stick or the smartphone app to transfer them on any other AMG TRACE PACE equipped vehicle.

Track Recording:

• You can create your own personal circular and non-circular tracks with user-definable start and end points.
• While recording your track, you are able to define sectors for split times.

During the race

Lap Recording:

• You can measure your lap and sector times on known or self-defined race tracks sorted by driver profiles.
• Your race including the race track course, live telemetry datas and delta times is visualized on the media display.
• More than 80 vehicle-specific data (e.g. speed or suspension ratios) recorded 10 times per second during a race.
• Real-time feedback (e.g. sector and delta times) get displayed within the instrument cluster, Head-up display and media display.
• To get a maximum control during the race, a race navigation (curve angle, target gear in manual mode and breaking points of the chosen reference lap) get displayed inside the Head-up display.
• An acoustic feedback indicates your actual performance while reaching sector or finish lines.
• The race line of the reference lap as well as the delta time get visualized by a virtual ghost car inside the media display in MBUX.

Video Recording:

• For Track Races you can record a video using the smartphone camera.
• With MBUX you can record a video by making use of the Dash Cam and a USB flash drive.

Drag Race:

• The measurement of Drag Races is based on the exact GPS speed.
• You can record your acceleration times (e.g. from 0 to 100 km/h) precisely to a tenth of a second.
• You can measure your deceleration values (e.g. from 100 to 0 km/h).
• You can measure the acceleration for a specific distance (e.g. quarter mile).
• When starting manually, your reaction time will also be measured after a start lamp has elapsed.

Telemetry screen:

• You can get a live data view of up to 20 vehicle telemetry datas.

For the Mercedes-AMG GT, GT S, GT C and GT R, all Mercedes-AMG C 43, C 63 and C 63 S as well as all AMG-Mercedes GLC 43, GLC 63 and GLC 63 S where AMG TRACK PACE isn´t displayed inside the vehicles infotainment system, most of the stated features during the race are supported by making use of the smartphone display itself.

After the race

Photo memories:

• You can capture creative images during your Track Day and share them with your friends on social networks.
• With our Augmented Reality feature, you can place virtual 3D objects such as our AMG logo, flags, tire stacks or a start / finish line next to your vehicle and create images of that scene.

Analysis:

• Recordings are available locally on your smartphone and inside the vehicle, so you can play any race at any time to analyze your performance and improve your driving skills.
• You can compare your race line and recorded vehicle-specific telemetry datas directly inside the media display of the vehicle. Limited to some of the pre-recorded race tracks by Mercedes-AMG, a 2D track view with boundaries of the race track can be displayed.
• You can analyze your driving skills with detailed graphs showing all recorded vehicle-specific data at each point along the race track.
• You can get an overview of your reached lap and sector times for each race.
• You can compare your laps along with the race video and detailed graphs showing all recorded vehicle-specific data side-by-side.
• You can watch your race video along with all recorded telemetry data overlayed on top of it.

Media Library / Sharing:

• You can create a video including self-selected race parameters as an overlay of the entire race record or a one-minute highlight video.
• To create the one-minute highlight video, the smartphone automatically picks up the six most exciting moments of your race.
• You can share the recordings on your personal YouTube channel or just export it to your phones gallery.

1.2  Usage Rights

1.2.1    Range of Usage Rights

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.

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

1.2.2    Usage Rights for FOSS

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

1.2.3    Third Party Content

The App may contain or use third party software or content. For those components the Information and Terms for Third Party Content 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.

1.2.4    Expiration of Usage Rights

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.

1.2.5    Breaches

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.

1.3  User Obligations

1.3.1    Confidentiality

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.

1.3.2    Obligation to Inform about Dysfunctions

The User informs the app support about disruptions or dysfunctions regarding the App immediately to the contact stated under https://www.mbcac.net/go/appsupport/Contact.aspx?app=AMG%20Track%20Pace&lang=en-GB

1.3.3    Lawful Use

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

1.4  Limitation

1.4.1    Prohibitions Regarding Transfer and Exploitation

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.

1.4.2    Prohibition of Changes

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.

1.4.3    Effects on Software or Websites of the Publisher or a Third Party

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.

1.5  Warranty for Defects

1.5.1    Provision Free of Charge under Exclusion of Claims with Regards to Warranties for Defects

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.

1.5.2    Accuracy of Information

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.

1.5.3    Range of Warranty

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.

1.6  Liability

1.6.1    Liability of Publisher and Provider

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.

1.6.2    Indemnity

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.

1.6.3    Range of Liability

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.

1.7  Final Provisions

1.7.1    Subject to Change

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.

1.7.2    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.

1.7.3    Applicable Law

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

1.7.4    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.

1.8  Additional Conditions

Depending on the Platform, addition conditions apply for the use of the App:

1.8.1    Apple

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.

3.    Apple is in no way obliged to provide any maintenance or support services with regards to the App.

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.

1.9  Information according to § 36 German Consumer Dispute Resolution Act (VSBG)

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.

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 of the Mercedes-Benz Group as well as specific Data Protection Policy for AMG Track Pace as stated below.

2.1  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.

2.2  Scope and purposes of data processing

2.2.1    Data categories

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.

To provide you with the features of the product (e.g. to record tracks, races as well as videos, displaying telemetry data and providing analysis functions), the app makes use of data from both your phone and your vehicle. To this end, the app collects the following telemetry data of the vehicle while recording your race or race track in combination with the usage of the smartphone app:

Direction data:

• GPX data of raced laps
• Steering wheel position
• Lateral acceleration
• Longitudinal acceleration
• Yaw
• Brake torque
• Speed
• Acceleration pedal position
• Brake pedal position

Landing gear data:

• ESP front wheel angle
• Damping ratio
• Tire temperature
• Tire pressure

Engine data:

• Engine oil temperature
• Boost
• Engine torque
• Engine power
• Odometer
• Outside air temperature
• Engine speed
• Battery voltage
• Battery currage
• Consumption

Transmission data:

• Transmission fluid temperature
• Gear

Additional to this, the vehicle identification number (VIN/FIN) is stored locally for each race to identify the vehicle (model). Depending on usage of our features provided within the smartphone app we may save also your (nick)name as well as race descriptions.

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.

To use the function of finding nearby tracks, the app needs access to the location services of your device. However, your current location isn’t saved at any time. To record a video as well as the sound during races, the app uses your integrated camera and microphone. AMG Track Pace therefore requires also the access to your photo gallery to save the recorded items.

For iOS devices, you can delete recorded data (i.e. races, tracks, videos, etc.) at any time via the application (Menu -> My Recordings -> Swipe to delete). The use of the App itself is possible without access to this data. All used device data can be activated/deactivated via
iPhone Settings > Privacy > Location Services,
iPhone Settings > Privacy > Photos,
iPhone Settings > Privacy > Camera,
iPhone Settings > Privacy > Microphone.
To deactivate collection of data from the vehicle, please stop the wifi connection to the vehicle. However, if the access of the App to the data is deactivated, this will lead to limitations on functionalities.

For Android devices, you can delete recorded data (i.e. races, tracks, videos, etc.) at any time via the application (Menu -> My Recordings -> Swipe to delete). All permissions for the app can be activated/deactivated via
Android system settings > Apps > TrackPace > Permissions > Location,
Android system settings > Apps > TrackPace > Permissions > Storage,
Android system settings > Apps > TrackPace > Permissions > Camera,
Android system settings > Apps > TrackPace > Permissions > Microphone,
Android system settings > Apps > TrackPace > Permissions > Contact.
To deactivate collection of data from the vehicle, please stop the wifi connection to the vehicle. However, if the access of the App to the data is deactivated, this will lead to limitations on functionalities.

2.2.2    Purposes of data processing

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

1.    Contract fulfillment

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."

2.    Consent to data processing

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").

3.    Protection of legitimate interests

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."

4.    Compliance with legal requirements

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.

2.2.3 Video Sharing with YouTube

By using the feature to upload your recorded videos to YouTube, you agree to be bound by the YouTube Terms of Service page at https://www.youtube.com/t/terms. We follow Google Privacy Policy.

We making use of YouTube API Services to help users manage their YouTube account for uploading videos to their YouTube account and create playlist for the videos uploaded. We don´t obtain, proxy, request, collect, modify, cache, store, or use any information that the user provides or that YouTube displays to the user during authentication processes, including YouTube user account login credentials like usernames and passwords. While uploading the video we send the title of the race, the vehicles name as well as the video. We don’t share any of the user’s information with internal/external third parties.

In addition to our procedure for deleting stored data stated in section "Term of storage and deletion" and administrate permissions stated in section "Data categories", you can revoke AMG Track Pace from having access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

2.3 Recipients of personal data

Transfer to third parties

If you use services from providers and other third parties with the app: Youtube, LLC; Apple Inc; Unity Technologies, we will share users' personal data with them. We will do so only if needed for provision and use of the app and its functions, to fulfill legitimate interests of the Publisher or third parties, or if you have previously consented to your data being shared (see the section on "Scope and purposes of data processing").

We have carefully selected the providers and monitor them regularly, particularly with regard to the secure handling of and security for the personal data accessible to them. We require that all providers agree to confidentiality and compliance with the legal obligations.

Data recipients in third-party countries

We transfer users' personal data to recipients in countries outside the EU/EEA as follows: USA.

Government institutions or agencies

Personal data is transferred to government institutions or agencies only pursuant to mandatory legal requirements (see section on "Scope and purposes of data processing")).

2.4  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.

2.5  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

2.6  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:

2.6.1    Legal basis

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

2.6.2    Storage by providers in third-party countries

"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.

2.6.3    Rights of data subjects

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).

2.6.4    Right of objection

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.

2.6.5    Complaints

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).

2.7  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.

Last update: December 2020