DATA COLLECTION TERMS

These terms (“Terms”) apply to the service by which Reynaers Aluminium nv, a company having its offices at Oude Liersebaan 266, 2570 Duffel (Belgium), registered with the Belgian Crossroads Bank for Enterprises under the number 0437.278.077 (“Reynaers”, “we”, “us”), collects and processes data from Reynaers connected products and related tools (the “Service”).

By using Reynaers connected products and allowing data to be sent to Reynaers, you (either an individual or a legal entity) agree to be bound by these Terms. If you agree to these Terms on behalf of your organization, you represent that you are authorized to accept these Terms on its behalf.

The sole purpose of the Service is to collect and process data to improve Reynaers’ customer support and related services.

1. Scope of the Service

1.1 The Service consists of the collection and processing of data generated by Reynaers connected products and related tools (“Device Data”) in order to:

• improve and personalize customer support;
• monitor and improve the quality, performance and reliability of Reynaers products and services;
• identify, analyse and resolve issues reported by customers;
• develop and improve Reynaers’ support processes, documentation, and related services.

1.2 The Service is not a software license or an application provided to you. Any software embedded in Reynaers products or applications that you may use remains governed by its own separate terms (if any).

2. Data Collected (Device Data)

2.1 You agree that Reynaers, its affiliates and service providers may collect and use technical and operational information generated by your use of Reynaers connected products and related tools, as part of the Service (“Device Data”).

2.2 Device Data includes:

[1] Calibrated Flag refer to the status where: Motor has been commissioned in order to know: end points, energy consumption profile and its actual position

2.3 Device Data is processed continuously and in near real-time and stored on servers hosted by Reynaers or by third-party service providers acting on Reynaers’ behalf. These data will remain stored for 5 years before be automatically deleted.

3. Use of Device Data

3.1 Without prejudice to your rights in relation to Device Data, you grant Reynaers a non-exclusive, worldwide, royalty-free right to host, reproduce, analyse, distribute, modify, communicate, and otherwise use Device Data, including, without limitation, for the following purposes:

• improving and providing customer support;
• analysing product performance and usage to improve existing products and services;
• ensuring the safety and security of Reynaers products, systems and services;
• complying with legal obligations and responding to legitimate orders or requests from competent authorities;
• preparing and mounting Reynaers’ defence in legal or similar disputes and proceedings;
• developing new technologies, products and services related to Reynaers’ offerings.

3.2 Device Data may be combined with data from other customers in aggregated and/or anonymised form to analyse trends, improve support tools, and enhance the quality of Reynaers’ services.

3.3 You shall not, and shall not allow any third party to, use Device Data received from Reynaers to develop a product or service that competes with services provided by Reynaers.

4. Personal Data

4.1 Device Data may contain personal data (for example, data that can be linked to an identified or identifiable natural person). Reynaers will process such personal data in accordance with applicable data protection laws and its Privacy Notice, the latest version of which is available on Reynaers’ website.

4.2 The Privacy Notice explains, among other things, what personal data is processed, for which purposes, on what legal bases, and what rights data subjects have (such as access, rectification, erasure, restriction, objection and portability).

5. Device Data Rights (Access, Deletion, Portability)

5.1 You may request Reynaers to:

• provide access to Device Data linked to your connected products; and/or
• delete Device Data linked to your connected products;
• share Device Data with a third party of your choice.

5.2 Such requests can be made by email to:
smartbuilding.cloud.services.request@reynaers.com
You must provide at least:

• the serial number of one of your connected devices; and
• the email account used to access or register the connected products or related tools.

5.3 Reynaers will handle your request without undue delay, subject to legal obligations and technical feasibility.

5.4 Your rights regarding Device Data can be limited in the following instances (or as otherwise permitted by applicable law):

• to the extent that sharing such Device Data could undermine security requirements of the products or systems;
• to the extent that sharing Device Data could undermine trade secret protection or other confidential information of Reynaers or third parties;
• if you (or the end-customer you represent) refuse or fail to implement contractually agreed technical and organizational measures, including those necessary to ensure confidentiality and security.

6. Porting and Switching

6.1 To the extent the Service qualifies as a cloud-based data processing service, you are allowed to:

• switch to another data processing service provider; or
• have Device Data removed, subject to the limitations set out in these Terms and applicable law.

6.2 Such requests can be exercised by sending an email to:
smartbuilding.cloud.services.request@reynaers.com
You must provide the serial number of one of your connected devices and the email account used to access or register the connected products or related tools.

6.3 Reynaers will reasonably and in good faith assist you in the switching process, acting without undue delay. During the switching process, Reynaers will:

• continue to provide the Service with due care;
• maintain the same level of security as under these Terms;
• provide clear and relevant information enabling you to switch and inform you of any known risks.

6.4 The data that can be shared with a new data processing service provider is the Device Data described in Section 2 and any additional Device Data description made available by Reynaers.

6.5 The Service will automatically terminate, and Reynaers will inform you thereof, when:

• the switching process is completed, and in any case three (3) months after your request to be assisted in the switching process; or
• two (2) months after a request for deletion of Device Data.

6.6 The switching process may be subject to specific requirements and technical limitations. These will be assessed by Reynaers on a case-by-case basis and communicated to you when you submit your request.

7. Changes, Availability and Support

7.1 Reynaers may update, improve, or modify the Service from time to time, for example by:

• changing how Device Data is collected or processed;
• adding, modifying, or discontinuing certain support-related functionalities.

7.2 Reynaers reserves the right to discontinue the Service at any time, or to terminate these Terms at any time (without judicial intervention and without indemnity), subject to a notice period of thirty (30) calendar days, unless a shorter period is required by law or by security reasons.

7.3 You may stop using the Service at any time. However, if you wish Device Data and/or related personal data to be removed, you must submit a request as described in Sections 4 and 5.

7.4 Unless expressly agreed otherwise, Reynaers is not obliged to provide specific support services under these Terms. Any separate support agreements will prevail where they conflict with these Terms.

8. External Services

8.1 The Service may interact with third-party services, products and/or websites (“External Services”). Use of External Services is at your sole risk.

8.2 Reynaers is not responsible for examining or evaluating the content, accuracy, availability, or security of External Services and shall not be liable for any damages or losses arising from your use of External Services.

8.3 In order to enable interactions with External Services, it may be necessary to exchange Device Data with the relevant third parties. Such connections will only be established by you or at your request.

8.4 Products, systems or services not designated or certified by Reynaers as compatible may not work properly with Reynaers connected products or with the Service, even if they use similar standards or means of communication.

9. Confidentiality

9.1 You acknowledge that non-public information about Reynaers’ systems, processes, and the way Device Data is collected and processed may constitute confidential information of Reynaers.

9.2 You agree that you will not, during or after the term of these Terms, disclose such confidential information to any person (other than your employees, agents, or representatives with a need to know), unless such disclosure is required by law or expressly authorized by Reynaers in writing.

9.3 You shall use a degree of care in protecting Reynaers’ confidential information that is at least equal to the degree of care you use to protect your own confidential information of a similar nature, and in any event not less than reasonable care.

10. Liability

10.1 The proper functioning of the Service relies on third-party devices and services (such as networks, smartphones, tablets, third-party software and cloud infrastructure). Reynaers does not control these third-party elements and is not responsible for their availability, security, compatibility, or proper functioning.

10.2 The Service may be affected by vulnerabilities, viruses, malware or other security issues associated with networks or third-party systems. Other than as specifically provided in applicable technical documentation or mandatory law, Reynaers does not guarantee that the Service, connected products, or underlying infrastructure are free from vulnerabilities.

10.3 The Service is provided on an “as is” and “as available” basis. Reynaers does not make any explicit or implied warranties, guarantees, or commitments regarding the Service (including its availability, reliability, or fitness for a particular purpose), except as required by mandatory law.

10.4 To the maximum extent permitted by applicable law, Reynaers shall not be liable for any indirect, consequential, punitive, special or incidental damages, including without limitation loss of opportunity, profits, revenue, turnover or any other financial or commercial losses, whether arising from contract, tort or otherwise.

10.5 To the extent permitted by law, Reynaers’ total aggregate liability arising out of or relating to the Service under these Terms shall be limited to EUR 50.00.

11. Governing Law and Jurisdiction

11.1 These Terms are exclusively governed by the laws of Belgium. No effect shall be given to any choice-of-law or conflict-of-law rules that would cause the laws of another jurisdiction to apply.

11.2 All disputes concerning the validity, interpretation, enforcement, performance or termination of these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Antwerp (Belgium).

12. Export of Device Data

All Device Data that Reynaers makes available for export will be provided in a commonly used, machine-readable format (for example, CSV) where technically feasible and in accordance with these Terms and applicable law.