FUJITSU GENERAL LIMITED

PRIVACY POLICY FOR USERS OF AIRSTAGE CLOUD AND AIRSTAGE CLOUD LIGHT

Last updated: January 30, 2023

This Privacy Policy (the “Privacy Policy”) describes how Fujitsu General Limited and its affiliates listed in Section 12 below (“we”, “us”, “ our”, “FGL”) collect and process your Personal Information (as defined in Section 2 below) when you use:

For more information about the Platforms’ functionalities, please consult your copy of the user guide, available below.

1. WHICH USERS ARE COVERED BY THIS PRIVACY POLICY

There are various user types that can use the Platforms and HVAC Units, depending on the individual or entity contracting with FGL for the use of the Platforms (the “ Customer”) and the relevant Platform. This Privacy Policy covers the processing of Personal Information (as defined in Section 2 and 3 below) of the following users:

2. WHAT INFORMATION WE COLLECT THROUGH ASC

Personal Information” is information that identifies you as an individual or relates to an identifiable individual.

We collect the following Personal Information through ASC:

When ASC User Data are connected to other data, as listed below, the following data may also be treated as Personal Information and may be subject to this Privacy Policy:

3. WHAT INFORMATION WE COLLECT THROUGH ASCL

We collect the following Personal Information through the ASCL Platform:

If/When ASCL User Data are connected to other data, as noted below, the following data may also be treated as Personal Information and may be subject to this Privacy Policy:


HOW WE COLLECT PERSONAL INFORMATION

We and our service providers collect Personal Information through the Platforms, for example, when you input Personal Information directly onto the Platforms, when we collect Personal Information using cookies and similar technologies, or when we collect Personal Information directly from the HVAC Units.

We need to collect Personal Information to provide the requested services on the Platforms to you. If you do not provide the information requested, we may not be able to provide the services.

PERSONAL INFORMATION OF OTHER PEOPLE

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Platforms, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

COOKIES & SIMILAR TECHNOLOGIES

When you use the Platforms, we also collect data typically collected through websites, such as browser and device information, application usage data, information collected through cookies, pixel tags and other similar technologies, and IP addresses. For more detail please see our Cookies & Similar Technologies Policy.

ANONYMIZED INFORMATION

We also use anonymized and/or aggregated information (such as how many individuals in general use the Platforms) (“ Anonymized Information”). Such information on its own does not identify you, so it does not qualify as Personal Information, unless otherwise provided by applicable law. We will not re-identify, or attempt to re-identify, such Anonymized Information. We use or disclose Anonymized Information for any purpose, in accordance with applicable law. This Privacy Policy does not apply to such Anonymized Information.

SENSITIVE PERSONAL INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Platforms or otherwise to us.

4. HOW WE USE INFORMATION

We use your Personal Information for the following purposes:

We will engage in these activities to manage our contractual relationship with you, and/or to take steps at your request prior to entering into a contract, and/or to comply with a legal obligation.

We will engage in this activity with your consent or where we have a legitimate interest.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

5. HOW WE DISCLOSE INFORMATION

We disclose Personal Information about you:

We also use or disclose Personal Information, as necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Service ; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, property or safety, and/or that of our users, you, our or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

6. SECURITY AND RETENTION

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with Section 12 below (“How Can You Contact Us?”).

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

7. YOUR PRIVACY RIGHTS

If you would like to request to access, update, correct, suppress, restrict, or delete your Personal Information provided to us, object to the processing of your Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you can do this by emailing or writing to us as detailed in Section 12 below (“How Can You Contact Us?”). We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

ADDITIONAL INFORMATION REGARDING THE EEA: You may also lodge a complaint with a data protection authority for your country or region where you have your habitual residence or place of work, or where an alleged infringement of applicable data protection law occurs. The data protection authority for the UK is the Information Commissioner’s Office, and a list of the EEA data protection authorities is available at https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm .

8. CROSS BORDER TRANSFERS

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platforms you understand that your information will be transferred to countries outside of your country of residence, including the United States and Japan, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EEA: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en ). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with Section 12 below (“How Can You Contact Us?”).

9. THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Platforms link. The inclusion of a link on the Platforms does not imply endorsement of the linked site or service by us or by our Affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as, Google, IFTTT, Amazon, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Platforms.

In addition, we are not responsible for processing of third parties that may have access to some information and act as independent controllers in certain situations, such as owners of the property where your HVAC Unit is located or property management companies in charge of the property where your HVAC Unit is located.

10. USE OF PLATFORMS BY MINORS

The Platforms are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.

11. UPDATES

We may make changes to this Privacy Policy at any time, so please review it periodically. We will update the effective date of the Privacy Policy at the time a change is made. The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Platforms.

12. HOW CAN YOU CONTACT US?

FGL and the local Affiliates (included in the list below) are responsible for Personal Information used under this Privacy Policy. If you have any questions or complaints about this Privacy Policy, or how we process your Personal Information, please contact us at the contact details, relevant to where you are based, in the list below or at [ https://www.fujitsu-general.com/global/contact/privacy-asc-form-agree.php ]. If you purchased your product from a reseller independent to FGL (not part of the FGL group [ https://www.fujitsu-general.com/global/corporate/locations/index.html ]) and your request relates to Personal Information collected by that reseller and used for their own purposes (e.g., use of your email address for reseller’s own direct marketing), please directly contact the reseller to make your request.

Your Residence

FGL Affiliate

Contact Information

Any country in the European Union (excluding Italy and Republic of Ireland), Norway, Israel, Liechtenstein, Albania, Andorra, Armenia, Belarus, Bosnia and Herzegovina, Faroe Islands, Georgia, Gibraltar, Greenland, Guernsey, Isle of Man, Kosovo, Kazakhstan, Kyrgyzstan, Moldova, Monaco, San Marino, Serbia, Svalbard and Jan Mayen, Switzerland, Tajikistan, Turkey, Ukraine, Vatican, Russia, Macedonia, and Montenegro

Fujitsu General (EURO) GmbH

E-MAIL: Rene.Engels@fujitsu-general.de

ADDRESS: Fritz-Vomfelde-Strasse 26-32, 40547 Dusseldorf, Germany

TEL: +49-211-50098-37

United States of America, Canada, Federative Republic of Brazil, Oriental Republic of Uruguay, Puerto Rico, Anguilla, Aruba, Cayman Islands, Dominica, Turks and Caicos Islands, Mexico, Bahamas, Barbados, Costa Rica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Saint Martin, Trinidad and Tobago, U.S. Virgin Islands

Fujitsu General America, Inc.

E-MAIL: hvac@fujitsugeneral.com

ADDRESS: 340 Changebridge Road, Building 200, Suite 300, Pine Brook, NJ 07058, U.S.A

TEL: +1-888-888-3424

Italy

FUJITSU GENERAL (ITALIA) S.p.A

E-MAIL: info@fgit.fujitsu-general.com

ADDRESS: Via Galileo Galilei 40, 20092 Cinisello Balsamo (MI), Italy

TEL: +39-02-91572030

United Kingdom, Bailiwick of Jersey, Iceland, Republic of Ireland

Fujitsu General Air Conditioning (UK) Limited

E-MAIL: GDPR@fgac.fujitsu-general.com

ADDRESS: Unit 150, Centennial Park, Centennial Avenue Elstree, Hertfordshire WD6 3SG U.K.

TEL: +44-208-7313598

13. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Pursuant to the California Consumer Privacy Act of 2018 (“ CCPA”), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents.

Sources of Personal Information

We collect Personal Information from our interactions with you, for example, when you utilize the Platform or otherwise interact with us, and we collect Personal Information directly from the HVAC Units.

Categories of Personal Information Collected and Disclosed

The following chart details which categories of Personal Information about California residents we may collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months.

Categories of Personal Information

Disclosed to Which Categories of Third Parties for Operational Business Purposes

Identifiers, such as name, contact information, IP address, and other online identifiers

Affiliates, third-party service providers, and legal authorities

Personal information, as defined in the California customer records law, such as name and contact information

Affiliates, third-party service providers, and legal authorities

Characteristics of protected classifications under California or federal law, such as primary language

Affiliates, third-party service providers, and legal authorities

Commercial information, such as transaction information and payment history

Affiliates, third-party service providers, and legal authorities

Internet or network activity information, such as browsing history, search history, and interactions with our online services

Affiliates, third-party service providers, and legal authorities

Audio, electronic, visual, and similar information

Affiliates, third-party service providers, and legal authorities

Professional or employment-related information

Affiliates, third-party service providers, and legal authorities

Geolocation data, such as GPS coordinates of a property or outdoor HVAC Unit, if the user chooses to provide them, and approximate location derived from IP address

Affiliates, third-party service providers, and legal authorities

Use of Personal Information

We use these categories of Personal Information for the purposes of operating, managing, and maintaining our business, providing our products and services, and accomplishing our business purposes and objectives, including using Personal Information to:

Under the CCPA, if a business sells Personal Information, it must allow California residents to opt out of the sale of their Personal Information. However, we do not sell and have not sold Personal Information, as “sale” is defined in the CCPA. For example, and without limiting the foregoing, we do not sell the Personal Information of minors under 16 years of age.

Individual Rights and Requests

If you are a California resident, you may request that we:

To make a request for the disclosures or deletion described above, please contact us at [ https://www.fujitsu-general.com/us/contact/privacy-asc-form-agree.php ], or +1-888-888-3424. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as telephone number and email address, in order to verify your identity and protect against fraudulent requests. If you make a deletion request, we may ask you to verify your request before we delete your Personal Information.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Authorized Agents

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include:

If you are making a request on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to: