NOTIFICATION OF TELEMATICS AND DATA TRANSMISSION
A work tool or machine (“Equipment”) purchased, leased, or otherwise rented from Wheeler Machinery Co. may come equipped with Product Link, VIMS, or other telematics devices (“Telematics System”) which are capable of transmitting data via cellular or satellite signal. This Notification of Telematics and Data Transmission provides the purchaser, leaser, or renter (the “Customer”) with notice of telematics functionality on Equipment.
The information transmitted (“Data”) via the Telematics System 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. Customer agrees and acknowledges that to the extent the Equipment is equipped with a Telematics System, any and all Data concerning such Equipment is being transmitted and/or collected by Caterpillar Inc., its affiliates and subsidiaries (collectively, “Caterpillar”), and/or Caterpillar dealers, including Wheeler Machinery Co, for the following purposes:
(1) Improve Caterpillar products and services, including without limitation: developing statistical studies, understanding performance issues, and complying with regulations and laws, and
(2) 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 your evaluation and notifying you of promotions.
Visit the following website for additional information on Telematics System Data privacy: http://www.cat.com/en_IN/support/operations/fleet-management-solutions/product-link/caterpillar-telematicsdataprivacystatement.html
Customer agrees to allow, and hereby grants, a worldwide, perpetual, fully paid-up, non-exclusive license to Caterpillar and/or its dealers to use, access and transfer the Data for the purposes listed above, including for this Data to be transferred to jurisdictions that may not offer the same level of Data protection as the jurisdiction in which Customer is located. Furthermore, Customer represents that it has, and warrants that it will, obtain all necessary consents from any Data subjects (e.g., Equipment operators) prior to allowing them to use Equipment with a Telematics System. Customer agrees to review this Notification of Telematics and Data Transmission every 30 days for any updates.
In the event Customer transfers ownership of the Equipment, 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 Wheeler Machinery Co. it has transferred ownership of the Equipment. The Customer agrees and acknowledges that the provision of this Data is voluntary.
In the event that Wheeler Machinery Co, provides Condition Monitoring Services in which it reviews telematics Data from Customer Equipment, the Customer acknowledges that:
- The Equipment will not be monitored by Wheeler Machinery Co. 24 hours a day, 7 days a week unless otherwise specified in contract terms. Equipment Data will be monitored during regular business hours, Monday – Friday.
- Wheeler Machinery Co. assumes no liability for machine health nor production unless otherwise specified in contract terms. Recommendations are made regarding the information found at the time of the recommendation and may not incorporate all necessary information nor details. The customer assumes the responsibility and cost of any and all on machine diagnostics and repairs.
- Condition Monitoring Analysts will monitor and notify the Customer of Equipment health based on trends of specific events. Action will not be taken to notify the customer of an issue on each individual fault codes. All actions and/or 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, the customer agrees to and accepts that Equipment Data may be accessible by parties other than themselves, as is detailed in this Notification of Telematics and Data Transmission notice. To revoke your acceptance of the Notification of Telematics and Data Transmission notice, please contact the Condition Monitoring Center at Wheeler Machinery Co. For additional insight into understanding the capabilities and Data your Equipment may transmit, or for training on user interfaces that provide access to Telematics System Data, please contact the Condition Monitoring Center at Wheeler Machinery Co.
Notification of Telematics and Data Transmission last updated on February 7th, 2017
Condition Monitoring Center
Wheeler Machinery Co
4901 W 2100 S
Salt Lake City, UT 84120