THERMO KING MACHINE INFORMATION POLICY

This Machine Information Policy applies to all Thermo King products (the “Products”).   Separate terms may apply to a specific Product or when a customer has entered into an agreement with Thermo King, such as a subscription agreement for a telematics service or an end user license agreement for a mobile app.

“Thermo King” means Thermo King Corporation, its affiliated companies and parent companies, and the affiliated companies of parent companies. 

“Machine Information” means information about a Product that is created by, collected by, or stored by Collection Equipment and that is shared with Thermo King. 

“Collection Equipment” means any device, software, app, diagnostic, service, or other product interface or connection that interacts or connects with a Product or service.   

Machine Information (i) may include, but is not limited to, the following types of information: model number, serial number, usage, performance, operation, location, diagnostic, software version, hardware version, configuration, setting, mode, alarm, and sensor information, but (ii) does not include Personal Information (where "Personal Information" means any information or set of information that identifies or could be used by or on behalf of Thermo King to identify an individual). 

A Product may include Collection Equipment, such as telematics equipment, as a standard feature and Machine Information may be collected in accordance with this Policy without activation of a telematics service or a subscription agreement.  When a customer enters into a subscription agreement, Personal Information may be processed as well by Thermo King and the terms and conditions of such processing of Personal Information will be provided for in the separate subscription agreement between the customer and Thermo King and/or in the applicable privacy policy.

Machine Information can be obtained by Thermo King automatically, manually, or polled and in real time, logged or offline modes via Collection Equipment, including when a Product is connected to an authorized third party telematics service provider. Machine Information may also be collected and processed for Thermo King by business partners or third parties who process information on behalf of Thermo King using systems that interact or connect with the Product.

Thermo King collects and uses Machine Information for, among other things, legitimate business reasons such as customer service; product, warranty and claims administration; product development, service, and improvement; monitoring product efficiency and performance; statistics and analytics, meeting governmental reporting and records requirements; maintenance of records; internal research; safety management; and financial and sales data management.  Thermo King may provide service alerts, product offers, service offers, or other notifications based on Machine Information. 

Machine Information may be transferred if Thermo King sells or transfers a business or asset. Machine Information may be aggregated and the aggregated information may be disclosed to third parties or published as reports. Thermo King may disclose Machine Information if required to do so by law or to protect and defend the rights or property of Thermo King.

Thermo King will take reasonable precautions to protect Machine Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Additional information or terms concerning Machine Information may be provided with a specific Product.

Use of a Product serves as acceptance of the terms of this Machine Information Policy.  Customers that would like to opt-out of sharing Machine Information with Thermo King or have any questions or concerns regarding the use or disclosure of Machine Information should forward such inquiries to the email address Opt-Out@ThermoKing.com.   

Thermo King will use all reasonable efforts to honor such requests as quickly as possible.

Thermo King reserves the right to modify or amend this Machine Information Policy at any time.

11/2016