Equipment and tools ("Equipment") that were manufactured by or purchased, leased, rented, or otherwise provided by or on behalf of Kaeser Kompressoren SE, Kaeser Compressors, Inc., or any of its or their affiliates ("Kaeser") may be equipped with operations and telematics hardware and software ("Telematics") that are capable of transmitting information about the Equipment, including their condition and operational data via cellular, satellite, and Bluetooth signals. This Notice Equipment Data Collection provides the purchaser, leaser, renter, or end-user (the "Customer") with notice of Telematics data collection functionality on Equipment.
The information transmitted to Kaeser via the Telematics platform may include but is not limited to Equipment serial number, Equipment location, operational data, condition, fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments ("Equipment Data"). The Customer agrees and acknowledges that to the extent the Equipment is equipped with a Telematics, all Equipment Data concerning such Equipment is being transmitted and collected by to and being collected by Kaeser and Kaeser dealers. If Telematics is activated Customer agrees that Kaeser and Kaeser dealers, without further notice to Customer have the right to (i) improve Kaeser's products and services, including without limitation: developing statistical studies, understanding performance issues, and complying with regulations and laws, and (ii) serving the Customer by combining the Equipment Data with other Customer data to fulfill support agreement requirements, monitoring and managing the Equipment health and efficiency, responding to inquiries, conducting market research, requesting Customer's evaluation and notifying Customer of offers and promotions in connection with Kaeser's products and services.
Customer agrees to allow and grants a worldwide, perpetual, fully paid-up, non-exclusive license to Kaeser and its dealers to access, use, collect, store, transmit, disclose, and transfer the Equipment Data for the purposes listed above, including for this Equipment Data to be transferred to jurisdictions that may not offer the same level of data protection as the jurisdiction in which Customer is located.
Customer represents that it has, and warrants that it will, obtain all necessary consents from any data subjects, including without limitation, Equipment operators, and users, before allowing them to use Equipment with a Telematics system. The Customer agrees to regularly review this Notice of Data Collection for any updates.
In the event Customer transfers ownership of the Equipment, the Customer agrees to notify the next owner about the Telematics system, the information being transmitted and the purposes, and this language, including the link to this notification. In addition, Customer will notify Kaeser that it has transferred ownership of the Equipment. The Customer agrees and acknowledges that the provision of this Equipment Data is voluntary.
Customer acknowledges that: (i) the Equipment and Equipment Data may not be monitored at all times or during operation of the Equipment unless otherwise specified in contract terms; (ii) Kaeser assumes no liability for machine health, outputs, or production unless otherwise specified in contract terms. Recommendations are made regarding Equipment Data available at the time such recommendation is provided and may not incorporate all necessary information nor details. The Customer assumes the responsibility and cost of all on machine diagnostics and repairs; (iii) Unless expressly subscribed to a monitoring or preventative maintenance service: (a) Kaeser's notifications regarding Equipment health are based on trends of specific events, (b) Kaeser may not notify Customer of all alerts or action items, and (c) all actions and inaction in response to Equipment Data remain the responsibility the Customer.
By purchasing, leasing, or otherwise renting Equipment that comes equipped with a Telematics device, Customer agrees to and accepts that Equipment Data may be accessible by parties other than themselves, as is detailed in this Notice of Equipment Data Collection. To revoke your acceptance of this Notice of Equipment Data Collection, or for additional insight into understanding the capabilities and Equipment Data your Equipment may transmit, please contact monitoring.us@kaeser.com.