MOBILE APPLICATION END USER LICENSE AGREEMENT

Last Revised Date: December 20, 2019

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between the entity you represent (“End User” or “you”) and Eaton Corporation (“Eaton”). This Agreement governs your use of Control Xpert on iOS and/or Android, including all related documentation, the “Application.” The Application is licensed, not sold, to you.

BY CLICKING ACCEPT BELOW, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT (INCLUDING THE PRIVACY STATEMENT) AND AGREE TO ITS TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND ARE AUTHORIZED TO DO SO; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

License Grant. Subject to the terms and conditions of this Agreement, Eaton grants to you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to: (a) Download, install and use the Application for your commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; (b) Access and use on such Mobile Device the Content and Services (as defined under the section labeled Content and Services) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services set forth below under Content and Services (“License”). You acknowledge and agree that this Agreement is between you and Eaton. Eaton reserves all rights not expressly granted to you herein. Eaton reserves the right to terminate this License for any or no reason at any time without notice to you, including but not limited to, for breach of any term contained in this Agreement.

License Restrictions. Licensee shall not: (a) Copy the Application, except as expressly permitted by this license; (b) Modify, translate, adapt, or otherwise create derivate works or improvements, whether or not patentable, of the Application; (c) Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (g) Use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems, aircraft navigation or communication systems, air traffic control systems, or any other transport management systems, safety-critical applications, including medical or life-support systems, vehicle operation applications or any policy, fire, or other safety response systems and military or aerospace applications, weapons systems, or environments.

Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Eaton reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Updates and Events outside of Eaton’s control. Eaton may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Eaton has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Eaton will not be liable or responsible for any failure to perform, or delay in performance of, any of Eaton’s obligations under this Agreement that is caused by any act or event beyond Eaton’s reasonable control, including but not limited to, acts of God, failure of public or privacy telecommunication networks, changes in law or regulation, or any other force majeure event or circumstances, whether or not foreseeable.

Geographic Restrictions. The Content and Services are based in the state of Ohio in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Term and Termination. The term of this Agreement commences when you download the Application and acknowledge your acceptance of this Agreement and will continue in effect until terminated by you or Eaton as set forth in this Section. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. Eaton may terminate this Agreement at any time without notice, including but not limited to, if Eaton ceases to support the Application, which Eaton may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Eaton’s rights or remedies at law or in equity. Upon termination of this Agreement, you shall cease all use of the Application, and destroy all copies, full or partial, thereof. Any provision of this Agreement that by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

No Warranty. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EATON, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUBSIDIARIES AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EATON, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE APPLICATION OR ANY RELATED GOODS OR SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT, THE APPLICATION AND/OR ANY RELATED GOODS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EATON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE APPLICATION, BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, ACTUAL, LIQUIDATED, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS OF USE, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EATON OR THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EATON OR THE AFOREMENTIONED PARTIES, REGARDLESS OF THE TYPE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT THE AUTHORIZED PARTY PAID TO EATON AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

Indemnification. You agree to indemnify, defend, and hold harmless Eaton, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, business partners, and respective successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, judgments, awards, losses, damages, costs and expenses (including reasonable attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages), Eaton or any of the Indemnified Parties suffer in relation to, arising from, or from the purpose of avoiding, any claim or demand from a third party that relates to your: (a) breach or violation of this Agreement; (b) infringement, misappropriation or any violation of the rights of any other party; (c) violation or non-compliance with any applicable law, rule, guidelines, acts, decrees, orders or regulations; (d) use, alteration or export of the Application in violation of this Agreement; and (e) the use of the Application by you or any person using your account. Eaton and its affiliates reserve the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with Eaton and its affiliates upon request by Eaton.

Export Regulation. The Application may be subject to U.S. export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.

U.S. Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor thereof, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

Amendments to this Agreement. Eaton may modify, add or remove any of the terms and conditions of this Agreement at its sole discretion at any time without prior notice. You will know when a change to this Agreement has been made, as there will be a change to the “Last Revised Date” noted at the start of this Agreement. You should visit this registration site from time to time to review the current terms of the Agreement. Any changes will be effective from the Last Revised Date. Your continued use of the Application after such modifications are made to the Agreement will mean that you accept and agree to be bound by and comply with such changes and updates.

For Authorized Parties in California. In compliance with California Civil Code § 1789.3, an Authorized Party residing in California has the right to contact Eaton with any complaints or to seek additional information. Such Authorized Party may email Eaton at dataprotection@eaton.com or write to: Attn: Global Data Protection and Privacy Office, Eaton, 1000 Eaton Blvd., Cleveland, OH 44122.

If Authorized Parties in California have any questions or complaints about Eaton they may also contact: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.

Privacy Statement. Your registration, access and use of the Application is governed by the Privacy Statement, the current version of which can be found in the Control Xpert AG menu under “About.” The Privacy Statement/Your Privacy Rights – Control Xpert AG is hereby fully incorporated by this reference into this Agreement.

Miscellaneous. If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full force and effect without said provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. No failure or delay by Eaton or its affiliates to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any other right or power. Waiving one breach will not be construed to waive any succeeding breach. All waivers must be in writing and signed by the party waiving rights.

Governing Law and Interpretation. To the extent not prohibited by law, you agree that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Ohio applicable to contracts wholly made and to be performed within the State of Ohio, and to irrevocably submit to the sole and exclusive jurisdiction of the courts of Ohio or the Federal courts of the Northern District of Ohio, and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Ohio is an inconvenient forum.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OR OF RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. This Agreement and the Privacy Statement constitute the entire agreement between you and Eaton with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Terms Related to Apple, Inc.

IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE, IF ANY, FOR THE APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR RESPONSIBILITY.
This Agreement is between Eaton and You. You acknowledge that Apple, Inc. is not a party to this Agreement. You acknowledge that Eaton, and not Apple, Inc., is not responsible for the Application and the content thereof.
Your license to install and use the Application acquired in connection with the Apple App Store, or otherwise requiring compliance with the Apple App Store Terms of Service, is limited to the use of the Application on an Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, including but not limited to provisions related to Family Sharing or volume purchasing.
You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
You acknowledge that Apple, Inc. is not responsible for addressing any claims by You or a third party related to the Application, or your possession and/or use of the Application, including but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You acknowledge that Apple Inc. has no obligation to investigate, defend, settle, or discharge any claim by a third party that Your possession or use of the Application infringes that third party’s intellectual property rights.
You agree that if the Application has been acquired in connection with the Apple App Store, or otherwise requires compliance with the Apple App Store Terms of Service, Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
You must comply with applicable third party terms of agreement when using the Application, including but not limited to any wireless data service agreement to which You may be a party.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions regarding this Agreement, you may contact Eaton at:

Eaton

Attn: IP Law Group

1000 Eaton Boulevard

Mail Code 4N

Cleveland, OH 44122

Eaton

Attn: Global Data Protection and Privacy Office

1000 Eaton Boulevard

Cleveland, OH 44122

Email: dataprotection@eaton.com

Effective Date: December 20, 2019

PRIVACY STATEMENT/YOUR PRIVACY RIGHTS – CONTROL XPERT

If you are in the European Economic Area (“EEA”), please scroll down to the EEA Section for more information about your specific privacy rights.

If you are a California Resident, please scroll down to the Notice to California Residents for more information about your specific privacy rights.

Eaton Corporation (“Eaton,” “us,” “we,” or “our”) owns and operates the Control Xpert Ag mobile application (the “Services”). Eaton, as the data controller, is committed to protecting the privacy of those who use the Services. This Privacy Statement (“Statement”) contains details about how Eaton collects, uses, and shares with third parties Personal Data (defined below) that we obtain from and about you when interacting with Eaton and the Services. Please read this Statement carefully. If you not agree with our policies and practices, do not download, install, operate, access or use the Services and do not interact with any other part of the Services.

Applicability: This Statement covers only the Services identified above and does not apply to information that you may send us by other means or related to other Eaton products or services. Other Eaton sites, applications and online services or locations may have their own privacy statements, and you should consult those accordingly. This Statement also does not apply to job applicants or Eaton employees.

Whenever you interact with Eaton or the Services on behalf of another individual or entity, such as by providing or accessing Personal Data about another individual, you represent that you have the authority to do so. You shall have sole responsibility for any violation of privacy laws as a result of a failure to obtain any necessary consent from such individual/entity.

Changes: Eaton may update this Statement from time to time. The current Statement will be posted in the mobile application menu under About, Terms of Service and will be effective when posted. Please check this Statement periodically for updates. If any of the changes are unacceptable to you, you should cease using the Services. When required, we will notify you of any changes to this Statement. If any changes to this Statement materially affect how Eaton treats or handles Personal Data that you have already provided to Eaton or that has otherwise been collected by us, or when required under applicable laws, we will seek affirmative consent from you, by email (if we have a valid email address to use), to use it in the new manner. If you do not provide such consent, Personal Data will continue to be used in a manner that is consistent with the version of this Statement under which it was collected, or the information will be deleted.

What Information Do We Collect?

Personal Data (“Personal Data”) is any information relating to an identified or identifiable natural person (“Data Subject”).

Sources of Personal Data:

We collect information about you and how you use the Services in several ways, including:

Information you provide to us directly. We collect the information you provide to us directly, such as when registering for the Services, signing up for offers, or communicating with us.
Information collected or inferred from your use of the Services. We collect information about the Services and how you use them, such as information collected automatically when you download a mobile application, or otherwise interact with the Services.
Information from third parties. We receive information about you and your use of the Services from third parties, such as from your employer or coworkers, third party service and content providers, companies that provide or sell lists of potential purchasers, and other Services users.

We may combine information that we receive from the various sources described in this Privacy Statement, including third party sources, with Personal Data and use or disclose it for the purposes identified below.

Information We Collect:

The types of information that Eaton collects about you include:

Identifiers, contact and account information, such as your name, email address, phone number, user name and password
Technical information gathered when you interact with the Services, such as IP address, browser information, ICCID, device type, app and OS version, mobile application settings, alarm notification information, and multi-user mobile application organization code
Internet or other electronic network activity information, such as your browsing history, search history, and information regarding your interactions with and use of the Services (including the mobile application and advertisements)
Professional or employment information, such as job title, company name, company size, company postal address or other professional information
Commercial information and preferences, including equipment unique identifier (serial number) and naming of a group of devices
Geolocation data/GPS utilizing the GPS chip in your cell phone if you select the option to add the location to your hardware (if you agree to provide access to your cell phone GPS)

How Do We Use Your Personal Data?

We may use your information in a number of ways, including:

To provide you with the Services, such as to register and administer your account, provide Services you may request; support your Services; diagnose, repair and track service and quality issues; communicate with you about your Services; install and configure changes and updates to your Services; authenticate users of our Services; verify your eligibility for certain programs or benefits; or to respond to your requests, complaints, and inquiries.
For our own internal business purposes, such as to evaluate or audit the usage, performance and safety of our Services; evaluate and improve the quality of our Services and design new services; operate the Services and customize the content; internal research purposes; display or evaluate the effectiveness of our advertising or marketing efforts; or maintain internal business records.
For legal, safety or security reasons, such as to comply with legal requirements; protect the safety, property or rights of Eaton, Services users, or others; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
For marketing. We may use your Personal Data to market our products or services or those of third parties. When required by law, we will seek your consent for such marketing.
In an anonymous or aggregated format. We may also use your information in an anonymized or aggregate manner for any purpose.

With Whom Do We Share Your Information?

We may share your Personal Data for business purposes with entities other than the Eaton entity that originally collected it, including the categories of recipients described below:

Affiliates and subsidiaries: We may share your Personal Data within the Eaton group of companies, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership for the purposes described above.
Third party service providers: We may share your Personal Data with third party service providers working on behalf of Eaton in order to provide the Services you request or support our relationship with you, such as IT providers, digital distribution platforms, accountants, analytics companies, and marketing providers.
For legal, security and safety purposes: We may share your Personal Data with third parties such as law enforcement or other government agencies to comply with law or legal requirements; to enforce or apply our Terms of Use and other agreements; and to protect our rights and the property or safety of Eaton, our users, or third parties.
In connection with a transaction: If we, or some or all of our assets, are acquired by another entity, including through a sale in connection with bankruptcy, we will share your Personal Data with that entity.
Your employer or coworkers: If you receive the Services in connection with your employment, your employer, coworkers, or other individuals designated by your employer may view any Personal Data that we collect in connection with your use of or interaction with the Services.

We may also share Personal Information that has been anonymized or aggregated with third parties for any purpose.

Cookies and Other Tracking Technologies

Please scroll down to How We Use Cookies and Automatic Data Collection Tools for information about how we use cookies and other tracking technologies, including online behavioral advertising.

Data Security and Retention

Eaton maintains reasonable security procedures and technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, disclosure or use of personal data we handle. When handling your Personal Data for our business functions, Eaton will limit access to your Personal Data to authorized persons and trusted third parties who have a reasonable need to know the information in order to perform our Services who are bound by confidentiality obligations. While Eaton takes the issue of protecting your Personal Data seriously, you should exercise discretion in what information you disclose and/or transmit through the Services. Eaton cannot guarantee that information sent over the Internet is fully secure, and therefore the transmitted information may be intercepted by others before it reaches Eaton. If you are concerned about sending information to Eaton over the Internet, please send the information by mail or call us to make other arrangements. Eaton is not responsible for the security of information sent over the Internet.

Eaton retains Personal Data only for as long as necessary to fulfill the stated purpose for which the Personal Data was collected or otherwise processed, and thereafter only for legitimate legal or business purposes. These may include retention periods that are: (i) mandated by law, contract or similar obligations applicable to Eaton’s business operations; (ii) for preserving, resolving, defending or enforcing our legal/contractual rights; or (iii) needed to maintain adequate and accurate business and financial records. We will delete Personal Data as soon as the respective purpose for its use is complete and no legal obligation to retain such data exists.

Children’s Privacy

The Services are intended for individuals 18 years of age and older. The Services are not directed at, marketed to, nor intended for, children under 18 years of age. Eaton does not knowingly collect any information, including Personal Data, from children under 18 years of age. If you believe that we have inadvertently collected Personal Data from a child under the age of 18, please contact us at the address below and we will take immediate steps to delete the information.

External Links

The Services may contain links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that are not controlled by Eaton. Eaton is not responsible for the privacy practices and data collection policies for such third party services. You should consult the privacy statements of those third party services for details.

Terms of Use

The End-User License Agreement for the Services is incorporated by reference into this Statement, and can be found in the mobile application menu under About, Terms of Service.

Contact Info/Your Choices

If you have questions regarding this Statement, please contact Eaton at:

Eaton

Attention: Global Data Protection and Privacy Office

1000 Eaton Boulevard

Cleveland, Ohio 44122

dataprotection@eaton.com

To opt-out of receiving promotional email messages from us, please click on the \"Unsubscribe\" link contained at the bottom of each email or by contacting us using the information above.

Notice to California Residents

This section applies to California Residents.

As described in the ‘What Information Do We Collect?’ we might collect personal information including identifiers, commercial information, internet or other network activity information, geolocation information, professional or employment-related information and inferences drawn from any of the information identified above to create a profile about a consumer.

As described in ‘With Whom Do We Share Your Information?’ section, personal information we collect from consumers might be shared for business purposes with third parties. We might have disclosed all of the categories of personal information listed above, based on the use case, for a business purpose in the past 12 months.

We do not sell your personal information.

As a California resident you have certain rights, subject to legal limitations and applicable exceptions, regarding the collection, use, and sharing of your personal information. Those right are in particular:

· The right to know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, the categories of third parties with whom we have shared your personal information, and the purpose for which we shared your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”). Please specify which request you want to execute.

· The right to delete. You have the right to request that we delete personal information that we have collected from you.

· The right to opt-out. You have the right to opt out of the sale of your personal information.

In accordance with applicable law, we will not discriminate against you for exercising these rights. You may use an authorized agent to exercise your rights on your behalf. If you are making any of the requests above through an authorized agent, we will request written authorization from you and will seek to verify as described above or we will accept a legal Power of Attorney under the California Probate Code to the authorized agent.

You can execute your right at any time by contacting us by sending an email to dataprotection@eaton.com, by calling +1-800-386-1911 or by using this online form.

In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth in this section. Therefore, based on the request we might reach out to you for further information.

We will respond to a Request to Opt-Out within 15 days. We will respond to Requests to Delete and Requests to Know within 45 days, unless we need more time in which case, we will notify you and may take up to 90 days total to respond to your request.

EEA Section

This section applies if you are an EEA data subject. In the event of a conflict between information in this section and the rest of the Statement, this EEA Section will govern.

Our legal basis for collecting and using the Personal Data as data controllers will depend on the Personal Data concerned and the specific context in which we collect it. In many cases, we will process Personal Data about you using the following legal basis:

Legitimate interest – we process Personal Data to meet our legitimate business interests, such as to develop and improve our solutions, support our sales and business operations, and secure our systems, facilities and personnel.
Legal obligation – we process Personal Data to comply with applicable laws and regulations.
Performance of Agreement – we process Personal Data in order to perform or fulfill our obligations under an agreement with you or the entity with which you are affiliated.
Consent – We may process your Personal Data based on consent. For example, if we want to send you a marketing communication, we will seek your consent separately at the time of collection. You may withdraw your consent at any time by contacting us at the information in the “Contact Us” Section above.

International Transfers of Your Personal Data

By using the Services or providing Personal Data to Eaton, your Personal Data is transferred to the United States where Eaton is headquartered. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. For example, the data protection laws of the United States have not been found by the European Commission to provide the same level of protection as EU data protection law. Transfers to countries outside the European Economic Area (“EEA”) take place using an acceptable data transfer mechanism, such as the EU-U.S. Privacy Shield, the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications, or on the basis of permissible statutory derogations. Please contact dataprotection@eaton.com, if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.

EU-U.S. Privacy Shield

Your Personal Data may be transferred to and processed in countries other than the country in which you are a resident. These countries may have data protection and privacy laws that are different to the laws of your country. You can find out more about the relevant countries by visiting https://www.eaton.com/us/en-us/company/policies-and-statements/privacy-cookies-and-data-protection.html or contacting us (see below).

To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification page, please visit the U.S. Department of Commerce’s Privacy Shield List by clicking on the following link: http://www.commerce.gov/privacyshield/

Your EEA Privacy Rights

If you are utilizing the Services from the EEA or where EEA data protection laws apply, with certain legal exceptions and limitations, you may exercise the following rights regarding your Personal Data:

Access. You have the right to confirm with us if your Personal Data is being processed and certain other information about that processing.

Rectification. You have the right to request the rectification of inaccurate Personal Data and to have incomplete data completed.

Objection. You have the right to object to the processing of your Personal Data for compelling and legitimate reasons. In addition, you have the right to object at any time if your Personal Data is processed for direct marketing purposes.

Portability. You may receive Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit that data to others.

Restriction. You may request to restrict processing of your Personal Data.

Erasure. You may request to erase your Personal Data.

Right to lodge a complaint. You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence.

Right to refuse or withdraw consent. Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.

Right not to be subject to automatic decision-making, including profiling.

If you have questions about exercising any of your rights or whether they apply to a particular processing activity, you may contact us at: dataprotection@eaton.com.

How We Use Cookies and Automatic Data Collection Tools

When you visit an Eaton Site, open an e-mail marketing communication or download an Eaton mobile application, we or our third party service provider may collect information through the use of a \"cookie\" or other device recognition technology. These tools send a small file to your browser that is unique to you and can only be read by our or our third party service providers’ web servers. These files provide information that helps us customize your experience on our websites and provide relevant advertising to you.

Types of Cookies We Use

We or our third party service providers may use cookies to collect information about your and other visitor’s browsing behavior such as IP address, type of browser used, domain name and pages visited. This information is used to learn about the usage and effectiveness of our web properties in order to improve how our website works and for advertising purposes. These cookies are session and persistent cookies. Some cookies may be used to track you across devices.

Specifically, we use the following cookies and tools:

Purpose	Provider/Type
Capture analytics on user behavior, user engagement, and identify software bugs, including device properties (model and software version) and App events.	Microsoft Visual Studio App Center, see Microsoft Privacy Statement

Changing Cookie Preferences

Most browsers are set to accept cookies. Using the “help” feature on your browser (e.g., Google; Microsoft; Apple; Mozilla), you can manage your browser cookie preferences to, for example, automatically accept cookies, automatically decline cookies, or notify you before receiving a cookie.

You can find more information about cookies generally at: www.allaboutcookies.org.

If you use our websites and choose not to disable cookies, you agree that we or our service provider can place them on your device. Please note that refusing a cookie may affect your ability to access certain content or functionality offered by our website. We do not process or honor other “Do Not Track” signals.

Online Advertising

Eaton advertises on the websites of third parties. These third parties may use cookies or tools to gather information about your browsing activities in order to provide advertising relevant to your interests.

You can manage your receipt of targeted advertising by visiting these websites: in the EU, https://www.youronlinechoices.eu/ and for U.S. and other regions, http://www.aboutads.info/consumers.

Marketing Communications

We provide digital marketing communications about our Services with an unsubscribe mechanism in each communication. You can unsubscribe from any particular communication by clicking on “unsubscribe” in the email itself.

This Statement was last updated on December 20, 2019.