Legal

Last updated: September 2025

Active Safety Management Limited’s (ASM Ltd) AI cameras collect and use event-based video recording to help protect people and property, defend against legal claims, and support operator and worksite training requirements. In addition, the AI cameras use advanced machine learning to differentiate between people and objects within a defined safety perimeter. Implementation of any ASM Ltd camera in a machine requires customers to obtain any legally required consent as they deem necessary as per their company requirements.  

AI Cameras will distinguish between individuals and objects. This data is handled strictly for purposes as outlined in the Terms and Privacy Policy and always in accordance with applicable legal requirements. The information generated by AI Cameras must be used exclusively to manage safety-related events within the customer’s fleet, to help defend against legal claims, and support worksite training. For additional details about the AI Cameras and recommended privacy practices, please see below.  

Data Retention Period:

Data captured by the AI camera and uploaded to the ASM portal is retained for 12 months post event.  After this period, uploaded event footage is permanently deleted.

Customers retain control over their recorded footage in the ASM Portal. Employees who wish to request deletion of their information outside these standard retention periods should contact their employer, who in turn can coordinate with ASM Ltd.

Consent (including biometric data):

Many jurisdictions, including the United States, Canada, New Zealand, and Australia, have laws that impose notice and consent requirements for how companies use, share, and store data, including video data, that can be used to identify individuals.

The law around video-based data is changing rapidly. The information provided here is not intended to be legal advice or a substitute for legal advice. Our customers remain solely responsible for their company’s compliance with all applicable laws, rules and regulations, including and without limitation those relating to any privacy and disclosure laws. Please contact your legal representative if you have any questions or concerns.

We strongly encourage our customers to incorporate a notice and consent process into their operator onboarding, and, if required, to implement their own Video Data Policy. This is especially important when recorded footage is of people.

Last updated: September 2025

1.0 Purpose

1.1. The goal of the Active Safety Management system, as supplied by Active Safety Management Limited, is to ensure people are not injured within the workplace whilst maintaining productivity and operating within the required rules and legal requirements of the Health & Safety at Work Act 2015.

2.0 Scope

2.1. All ASM Ltd employees

2.2. All ASM Ltd employees and ASM Ltd accredited installers undertaking work at other sites

3.0 Active Safety Management System

3.1. It is the policy of ASM Ltd, so far as is reasonably practicable, to protect the health, safety and welfare of all staff and other people on site and;

3.2. to act in compliance with our legal obligations, including New Zealand standards and codes of practice relevant to ASM Ltd.

3.3. ASM Ltd will provide and maintain a safe working environment, plant and systems of work that are safe and without risk to health and wellbeing,

3.4. provide such information, instruction, training, and supervision as is necessary, to ensure that health and safety hazards and risks are identified, understood and managed effectively and;

3.5. maintain accurate reporting, notification and investigation of all injuries and incidents and;

3.6. maintain a comprehensive occupational health and safety management system.

4.0 Responsibilities

4.1. All Employees have responsibilities under the legislation in that no action, or inaction by the worker, causes harm to themselves or any others in the workplace and;

4.2. Comply with all health & safety controls when working at sites not controlled by ASM Ltd.

4.3. Participate in the health and safety management systems in operation including the wearing of any personal protection equipment specified.

5.0 Performance

5.1. ASM Ltd health and safety performance will be monitored and reviewed by the senior leadership team for health & safety compliance and health and safety performance.

Last updated: September 2025

Welcome

Welcome to Active Safety Management Ltd’s Privacy Policy, which we will simply refer to as “the Policy”. When you use the services of, or interact with, ASM Ltd or one of ASM Ltd’s subsidiaries or related entities (part of the MTE Group), we collect your information, including personal details. We appreciate that you trust us with this information, and we want to always keep that trust. We will start by making sure you understand what information we collect about you, why we collect it, how it is used and processed, when we may need to share it with people other than yourself, and the choices you may have regarding your personal information.

Important

We want to make it as straight forward as possible for you to understand our privacy practices. We hope this will help you make informed decisions when you share your personal information with us.

Points to note:

• This Policy, applies when you are an ASM Ltd customer and have a contract with us. But even if you are not an ASM Ltd customer this Policy applies to any personal information we collect when you use our services or interact with us. This could include instances where you use our services that your employer or contractor pays for, you contact us directly, you propose to supply services to us, you register online to receive information about our services or you apply for a job with us, or you work for us.
• Personal information means information about an identifiable natural person. This could include your name, date of birth, email, address, telephone number, your movements and location, your biometric information, bank account details, payment information, support queries, and so on. If you can’t be identified (for example, when personal data has been de-identified or aggregated) then this Policy doesn’t apply.
• If you’re an ASM Ltd customer, this Policy forms part of the ASM Ltd terms applicable to the ASM Ltd products and services you’ve signed up to receive from us.
• You may choose not to supply us with your personal information, but this may impact on our ability to provide you with our products and services, or to have meaningful interactions with you.
• We are committed to processing personal information consistent with the requirements of all applicable laws.
• As things change, and technology changes, we may need to update our Privacy Policy from time to time. We’ll keep you updated by publishing these changes on our website. You may want to check back here from time to time to make sure you’re always up to date with our Privacy Policy. If we make material changes to the Policy, where possible we’ll notify you as required by applicable laws. We will also update the “Last Updated” date above to indicate when those changes will become effective.

THE POLICY

1. Who are "we"?

1.1. We are ASM Ltd and form part of the MTE group of companies. We provide products and related services for the purposes of monitoring and managing personnel interactions around mobile machinery in real time using Ai camera, radar and RFID technology.

2. Who are "you"?

2.1. You may be our:

• Customer – a person or an entity that has entered a customer contract with us (including an owner operated business);
• End User – someone authorized by a Customer to use our services, for example you could be an administrative user in our Customer’s business;
• Operator – you may be employed by a Customer to operate a machine that has our hardware installed in it; or you may have installed our hardware in your machine and are using it (and the associated services) in your capacity as an independent contractor for our Customer;
• Visitor – you may have accessed and used one of our websites, including the careers section of our website;
• Employee or Independent Contractor – you may be employed by MTE Group or hired as an independent contractor; or
• Supplier – you may be supplying us with your products or services or looking to enter a supply arrangement with us.

3. What information about you do we collect?

3.1. We limit the collection of personal information to what is strictly necessary for the purposes of our business functions and activities. There are two key categories of information we collect about you: your user information and your usage information.

3.2. Your User Information

To provide you with our services and conduct our business, we need to collect some information directly from you and sometimes from third parties. We may collect the following user information:

Information you give us

This is personal information we collect from you when you sign up for a service, or give us your information for another reason. It includes your:

• identification information, including your name, age or date of birth and gender;
• other identity verification information, including your driver license number, a copy of your driver license, copies of other identification documents and similar;
• contact information, including your mailing or street address, email address, telephone number and other contact details.
• if you use our products, biometric information is collected as part of the video functionality. This may include facial features and behavioral indicators and recordings captured through audio.
• payment information, like your bank account details.
• any preferences you have submitted, including preferred username and other preferences related to the preference settings for your use of the ASM Ltd services.
• information you have shared with us in calls and online chats with our staff, or any
• emails and other written information you’ve sent us or that you’ve chosen to input into the services. We may record our contact center calls or live chats to help improve our customer service
• machine information, including make, model, year of manufacture and the license plate number.
• comments you make on any feature of our services, including information you provide to us through customer surveys.
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries.
• details about your business and your role within your business; and
• in addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether to make you an offer of employment or engage you under a contract.
• When you work for us, an employee or independent contractor, we collect information about you such as your name, contact details, including your phone number and mailing address, bank account information and any other information required to establish and manage our employment or contractual relationship with you.

Information our Customer may give us

If you are employed by or are contracted to provide services to one of our Customers we may collect personal information about you from that Customer. If you are our Customer, and you want to share or allow  ASM Ltd to collect, create and use personal information related to your employees, contractors and other individuals, you must:

• obtain permission from such individuals to allow ASM Ltd to do this; and
• take reasonable steps to ensure that these individuals understand what personal information we will collect, create and use and that they agree to this. For example, you can do this by providing these individuals with a copy of this Policy.

Access and Authorization

Also, as a customer you decide who will have access to the products and services you acquire from us, including personal information we collect. If you want to authorize someone else to access your ASM Ltd services account  we’ll collect their name and contact information from you. Please make sure you have this person’s consent before you share their information with us.

Subject to legal requirements, if you are an End User, operator or an individual who interacts with a Customer, then you will be directed to contact the Customer in the first instance for assistance with any requests or questions relating to your personal information collected and stored by ASM Ltd.

Information we may collect from other third parties

This is personal information we collect about you from other people, like credit reference agencies. We only do this if we reasonably believe you’ve authorized us to do so, or if you’ve authorized the third party to share your information with us. This information could include:

• your credit history,
• collated information we purchase from third parties that may relate to identifiable individuals. We will only collect this kind of data from trusted providers if we are satisfied they have permission to share this information with us and the collection, use and disclosure meets the requirements of the relevant privacy legislation and regulation; and information we may collect from third party partners where we have consent to do so for the provision of any ASM Ltd partnership offerings.

Information we create to manage our Customer’s account

We also create and hold information to manage our Customer’s ASM Ltd services account, including:

• quote number and account name;
• service connection and disconnection dates;
• information on the products and services Customers have agreed to purchase from us, including information on any products and services a Customer used to purchase from us;
• our Customer’s billing information and payment records; and
• any login and password that we may assign to our Customers for use with our services.

Information we collect from other divisions of ASM Ltd

To ensure we can operate effectively and provide you with the best user experience, we may collect information about you from other parts of the MTE Group.

3.3. Your Usage Information

When you use our products and services, we may automatically generate and collect personal information related to your use of such products and services, including the following:

Vehicle and driver information

ASM Ltd hardware that is installed in our Customers’ machines continuously track, collect and obtain data such as:

• vehicle, location, distances travelled and route of vehicle
• whether ignition is on or off, acceleration, braking or lateral movements;
• outward facing dashcam video footage

ASM Ltd mobile applications (“Apps”)

We may collect personal information from users of our Apps. We may also collect information that mobile device sends when an App is being used,  as well as data about the use of the App. An App may access the applicable mobile device’s GPS coordinates or course location of the device, thereby collecting and store data about the location of the user of the App.

Your Online Data

We may also collect personal information about you when you use and access ASM Ltd websites or any other website operated by us. For example, the time and date of your visit, the internet protocol address assigned to your computer, your geo-location information, and standard web log information.

4. How do we collect your personal information?

Apart from through direct contact with you and our Customers (e.g. via email, telephone or face- to- face conversations), we collect your personal information in the following ways:

4.1. Automatically when you use our products and services.

From time-to-time the ASM Ltd may offer integration products or services, where we integrate our offering with a third-party service provider’s offering. We may collect your personal information where we supply our Customer with such product or service.

From time to time we may also add, and you may choose to, subscribe to other products and services we introduce to the market. When this happens, we may collect your personal information when you use that product or service.

4.2. When you visit our website or interact with us online

• Interactive features. We may offer interactive features such as chat or messaging services. We, and other individuals who use these interactive features, may collect the information that is submitted or made available through such features. Any information shared on public forums or social media pages may be seen by anyone, including third parties that do not adhere to our Policy. ‍
• Cookies. We may also use 'cookies' or other similar tracking technologies on our website and services that help us track your use of the websites and services and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that puts the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You may be able to disable cookies through your internet browser but allowing us to collect cookies ensures that the ASM Ltd websites and services work as intended. ‍
• Beacons. “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that we include on the ASM Ltd websites for several purposes, including to deliver or communicate with cookies, to track and measure the performance of those features, and to monitor how many visitors use those features. We may also include Web Beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. ‍
• Log Data. Our servers automatically record certain data about how users use our products and services (we refer to this data as “Log Data”), including End Users, operators and other non-registered users. Log Data may include data such as a user’s internet protocol (IP) address, browser type, operating system, the web page that a user was visiting, the pages or features of our product or service to which a user browsed and the time spent on those pages or features, search terms, the links that a user clicked on and other statistics. We use Log Data to analyze (and we may engage third parties to analyze) Log Data to improve, customize and enhance our products and services by expanding their features and functionality and tailoring them to users’ needs and preferences. ASM Ltd may use a person’s IP address to generate aggregate, non-identifying information about how our products and services are used. ‍
• Third party analytics. We use the following third-party data analytics platforms to help us understand how our Customers, Operators, End Users and other users use and interact with our products and services. These could include but is not limited to:
• Google Analytics. You can read about how Google uses any data that it collects here www.google.com/policies/privacy/partners/. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on https://tools.google.com/dlpage/gaoptout.

5. How do we use or process your personal information?

We use or process your personal information to:

5.1. Provide you with our products and services

We collect your personal information to enable you to access and use all aspects of our products and services (including our websites and applications). In doing so we may need to use your personal information so that we can:

• contact and communicate with you, and help you when you have a problem.
• process your payments.
• provide you with information about our products and services and the products and services of our trusted partners; and
• send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you.

5.2. Secure and improve our products and services

Being able to identify how you are using our products and services plays a big part in helping us to make them better. In doing so, we may need to use your personal information so that we can:

• operate, protect, and optimize our current products, services, business and users’
• experience, such as performing analytics, conduct research and for advertising and marketing;
• innovate, develop and improve current and new products and services, including for machine learning purposes where our products and services utilize Artificial Intelligence
• find out and analyze what you think of our products and services;
• secure and protect our systems and platforms. This includes managing, improving and monitoring their operation, security and integrity. It also includes preventing attacks against, and threats to, their security or integrity; and
• detect and prevent attacks against our systems and platforms, and threats to their security or integrity.

5.3. Communicate with you

In addition to communicating with you in relation to your use of our products and services, we may also communicate with you to:

• let you know of any changes that might affect the products or service; and
• send you marketing and promotional messages and other information that we think may be of interest to you, including information sent by, or on behalf of, our carefully selected and trusted business partners that we think you may find interesting, and this includes direct marketing. If you do not want to receive marketing offers by email or in hard copy, please opt out.

5.4. Improve our dealings with you

• We may use your personal information to:
• administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
• comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

5.5. Conduct credit checks and recover debts

We rely on you to be able to pay your invoices on time. As such, we may use your personal information to assess your ability to pay or recover money you owe us, including by sharing your personal information with third parties for this purpose.

5.6. Investigate fraud

We may use your personal information to enhance our fraud prevention and detection controls.

5.7. Assist in our decision on whether to make you an offer of employment, engage you under a contract or otherwise do business with you

We may use your personal information such as your employment history, your other experiences and references to assess your suitability for a job and determine whether to make you an offer of employment, engage you under a contract or otherwise do business with you.

5.8. Facilitate an employment or contractual relationship with you

We collect personal information such as your name, contract information and bank account data to establish and manage our employment or contractual relationship with you.

5.9. De-identify or aggregate data for analytics purposes.

We may de-identify or aggregate your personal information and use it for ASM Ltd internal purposes, reporting industry-specific statistics and trends, reporting to government organizations or for sharing with third parties. We may receive consideration from third parties for such services.

We do this in accordance with the relevant ASM Ltd terms or a separate agreement you or the Customer may have agreed to with us. provide you with our products and services that utilize Artificial

5.10. Provide you with our products and services that utilize Artificial Intelligence.

The provision of ASM Ltd products and services also includes the use of AI to process your information. Certain ASM Ltd products and services utilize AI, specifically machine learning, to analyze data helping to enhance safety and sustainability outcomes. While AI technology offers significant benefits, it is not infallible. Any inaccuracies in AI- generated data may be raised by customers with ASM Ltd and ASM Ltd may use that information to correct it’s machine learning models. Any data collected, used, processed and held for AI purposes is handled securely in compliance with the privacy laws and ASM Ltd standard data handling practices as outlined in this policy.

5.11. For other purposes about which we obtain your consent.

From time to time, we may obtain your consent to use your personal information for other purposes not listed here. We will always endeavor to let you know in as much detail as possible what data we intend to use and for what purpose.

6. Who may we need to share or disclose your personal information to?

While we endeavor to limit what personal information we disclose and to whom, in certain circumstances, we may share or disclose your personal information to other entities for the purposes listed below. What information we share and why depends on a specific situation. For example, we may share your personal information:

6.1. With Suppliers

We may engage third-party Suppliers to work with us to administer and provide our products and services to Customers. For example, we work with reliable cloud data center suppliers to store personal information and other data we collect. We also work with payment card industry (PCI), compliant service providers, to assist with processing of credit card payments. If your employer is also our customer, and you use our products and services in the course of your employment, all information we collect or obtain about you will also be available to the Customer (i.e. your employer)  As may be covered in more detail in the Customer’s own privacy policy, upon the Customer obtaining all necessary consents, the Customer may use your personal information for:

Legal, insurance, and driver training purposes.

Please contact your employer directly if you need more information on how your employer (i.e. our customer) uses this information.

Artificial Intelligence (“AI”)

For products/services utilizing AI, we may share data with third party suppliers for AI learning purposes essential to the delivery of our products/services, including sharing data with service providers outside the jurisdiction where the data was originally collected. Strict controls are in place around the use, transmission, processing, storage and retention of data for AI learning purposes

Employment and contractual relationships

If you are employed by, or engaged as an independent contractor for, ASM Ltd, we may need to disclose your personal information to third party suppliers as part of managing our relationship with you.

6.2. With advertising partners

When you visit the ASM Ltd websites, ASM Ltd may allow third-party partners to set 'cookies' or other similar tracking technologies to collect information regarding your activities and your devices (e.g. your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the

purposes of delivering personalized advertisements to you when you visit third party services within their network. This practice is commonly referred to as “interest-based advertising” or “personalized advertising”. In some cases, we may engage in “cross-device tracking” which allows your browsing activity to be tracked across different websites on different devices or apps. If you prefer not to share your personal information with third party advertising partners, you may opt out.

6.3. With regulatory authorities

When our customers acquire our products and services, we may interface with regulatory authorities and exchange your personal information (including by filing reports) for our product(s) to operate correctly. You or our Customer (i.e. your employer) may also request that we provide certain information (e.g. hours of service) to regulatory authorities. We may also provide, on request from regulatory authorities, data that is publicly available or publicly displayed on machines.

6.4. With regulatory authority’s affiliates

To ensure we can operate effectively and provide you with the best user experience, we may share information about you with other parts of MTE Group of companies

6.5. In connection with business transactions

If ASM Ltd is acquired by a third party as a result of a transaction such as a merger, acquisition or sale or if ASM Ltd assets are acquired by a third party in the event ASM Ltd goes out of business or enters bankruptcy, some or all of your personal information may be disclosed or transferred to a third party acquirer in connection with the transaction. This is because information ASM Ltd  collects about you may be considered a business asset.

6.6. To meet our legal obligations

To comply with our legal obligations, we may share your personal information and other data with the Government (including regulatory authorities), law enforcement agencies or private parties.

However, we will only do so if we reasonably believe it is necessary or appropriate to:

• respond to claims or orders, pursuant to legal process (including subpoenas,
• summons, discovery or disclosure order or compulsory production orders);
• if we’re required to by any applicable stock exchange listing rules;
• to protect ASM Ltd property, rights and safety and the property, rights and safety of a third party or the public in general; and
• to stop any activity that ASM Ltd considers is illegal, unethical or legally actionable activity.

7. What about storage and security?

We are responsible for storing records, including personal information of Operators and End Users on behalf of our Customers. Consequently, we implement processes and measures to maintain a high standard of quality and system security, and reliability. We use several physical, administrative, personnel, legal and technical measures to protect your personal information.

7.1. Where we store your personal information

Our products and services have been designed from ground up to be secure. We partner with a global Internet network provider and a global cloud data services provider to enable secure transmission, storage and processing of any collected data (including personal information). We store all data collected with Microsoft Azure (Azure). We chose Azure because we believe it is the safest option for your data (including personal information).

7.2. How long do we store your information?

Subject to any applicable laws, we store your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including supporting our products and services we offer, resolve disputes, establish legal defenses, conduct audits, pursue our legitimate business purposes, enforce our agreements and comply with applicable law.

7.3. Keeping your personal information secure

Our products and services use a private network to connect directly to our cloud platform for the transmission of data. We regularly conduct independent security testing, and our policies and procedures are aligned to internationally accepted control objectives and practices for security. Please be aware, however, that no method of transmitting data over the Internet or storing data is completely secure. Accordingly, ASM Ltd cannot guarantee the absolute security of any personal information.

7.4. Third party services

Our websites and applications may contain links to websites and services operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained. We have no control over the privacy practices of, or any content on, those linked websites and services, and we are not responsible for those websites and services. The privacy policies that apply to those other websites and services may differ substantially from our Policy, so we encourage you to read them before using those websites. Visiting these other websites and services is at your own risk.

8. Your choices

8.1. You can access and correct your personal information

If we hold personal information about you, you can request access to such personal information. Before processing your request, we may contact you to verify your identity and to advise you of any charges that may apply. If you think that any personal information, we hold of you is wrong, contact us – we will check the information and, if we agree it is wrong, we will take reasonable steps to ensure that it is corrected.

Sometimes, we may not be able to provide you with access to all your personal information. Where this is the case, we will tell you why.

8.2. Opting out

• General. You may have the right to opt out of certain uses of your personal information. If you choose to opt out, we may be unable to supply our products and services to you. ‍
• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the products and services you have requested. We may also send you certain non-promotional communications regarding us and our products and services, and you will not be able to opt out of those communications (e.g. communications regarding a change to our service or updates to this Policy). ‍
• Mobile Devices. We or our third-party providers may send you push notifications through the ASM Ltd mobile applications. With your consent, we may also collect geo- location information when you use ASM Ltd mobile application. You may be able to opt-out of this collection by changing the settings on your mobile device, however this could impact on our ability to supply you with services. ‍
• Cookies and Personalized Advertising. If you would like to opt-out of the Cookies and other similar tracking technologies we use, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device.
• “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to, or honor, DNT signals or similar mechanisms transmitted by web browsers.

8.3. The complaints process

If you think we have breached the relevant privacy legislation or regulations, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period.

Last updated: September 2025

Welcome

Welcome to Active Safety Management Ltd’s Privacy Policy, which we will simply refer to as “the Policy”. When you use the services of, or interact with, ASM Ltd or one of ASM Ltd’s subsidiaries or related entities (part of the MTE Group), we collect your information, including personal details. We appreciate that you trust us with this information, and we want to always keep that trust. We will start by making sure you understand what information we collect about you, why we collect it, how it is used and processed, when we may need to share it with people other than yourself, and the choices you may have regarding your personal information.

Important

We want to make it as straight forward as possible for you to understand our privacy practices. We hope this will help you make informed decisions when you share your personal information with us.

Points to note:

• This Policy, applies when you are an ASM Ltd customer and have a contract with us. But even if you are not an ASM Ltd customer this Policy applies to any personal information we collect when you use our services or interact with us. This could include instances where you use our services that your employer or contractor pays for, you contact us directly, you propose to supply services to us, you register online to receive information about our services or you apply for a job with us, or you work for us.
• Personal information means information about an identifiable natural person. This could include your name, date of birth, email, address, telephone number, your movements and location, your biometric information, bank account details, payment information, support queries, and so on. If you can’t be identified (for example, when personal data has been de-identified or aggregated) then this Policy doesn’t apply.
• If you’re an ASM Ltd customer, this Policy forms part of the ASM Ltd terms applicable to the ASM Ltd products and services you’ve signed up to receive from us.
• You may choose not to supply us with your personal information, but this may impact on our ability to provide you with our products and services, or to have meaningful interactions with you.
• We are committed to processing personal information consistent with the requirements of all applicable laws.
• As things change, and technology changes, we may need to update our Privacy Policy from time to time. We’ll keep you updated by publishing these changes on our website. You may want to check back here from time to time to make sure you’re always up to date with our Privacy Policy. If we make material changes to the Policy, where possible we’ll notify you as required by applicable laws. We will also update the “Last Updated” date above to indicate when those changes will become effective.

1. Who are "we"?

1.1. We are ASM Ltd and form part of the MTE group of companies. We provide products and related services for the purposes of monitoring and managing personnel interactions around mobile machinery in real time using Ai camera, radar and RFID technology.

2. Who are "you"?

2.1. You may be our:

• Customer – a person or an entity that has entered a customer contract with us (including an owner operated business);
• End User – someone authorized by a Customer to use our services, for example you could be an administrative user in our Customer’s business;
• Operator – you may be employed by a Customer to operate a machine that has our hardware installed in it; or you may have installed our hardware in your machine and are using it (and the associated services) in your capacity as an independent contractor for our Customer;
• Visitor – you may have accessed and used one of our websites, including the careers section of our website;
• Employee or Independent Contractor – you may be employed by MTE Group or hired as an independent contractor; or
• Supplier – you may be supplying us with your products or services or looking to enter a supply arrangement with us.

3. What information about you do we collect?

3.1. We limit the collection of personal information to what is strictly necessary for the purposes of our business functions and activities. There are two key categories of information we collect about you: your user information and your usage information.

3.2. Your User Information

To provide you with our services and conduct our business, we need to collect some information directly from you and sometimes from third parties. We may collect the following user information:

Information you give us

This is personal information we collect from you when you sign up for an service, or give us your information for another reason. It includes your:

• identification information, including your name, age or date of birth and gender;
• other identity verification information, including your driver license number, a copy of your driver license, copies of other identification documents and similar;
• contact information, including your mailing or street address, email address, telephone number and other contact details.
• if you use our products, biometric information is collected as part of the video functionality. This may include facial features and behavioral indicators and recordings captured through audio.
• payment information, like your bank account details.
• any preferences you have submitted, including preferred username and other preferences related to the preference settings for your use of the ASM Ltd services.
• information you have shared with us in calls and online chats with our staff, or any
• emails and other written information you’ve sent us or that you’ve chosen to input into the services. We may record our contact center calls or live chats to help improve our customer service
• machine information, including make, model, year of manufacture and the license plate number.
• comments you make on any feature of our services, including information you provide to us through customer surveys.
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries.
• details about your business and your role within your business; and
• in addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether to make you an offer of employment or engage you under a contract.
• When you work for us, an employee or independent contractor, we collect information about you such as your name, contact details, including your phone number and mailing address, bank account information and any other information required to establish and manage our employment or contractual relationship with you.

Information our Customer may give us

If you are employed by or are contracted to provide services to one of our Customers we may collect personal information about you from that Customer. If you are our Customer, and you want to share or allow  ASM Ltd to collect, create and use personal information related to your employees, contractors and other individuals, you must:

• obtain permission from such individuals to allow ASM Ltd to do this; and
• take reasonable steps to ensure that these individuals understand what personal information we will collect, create and use and that they agree to this. For example, you can do this by providing these individuals with a copy of this Policy.

Access and Authorization

Also, as a customer you decide who will have access to the products and services you acquire from us, including personal information we collect. If you want to authorize someone else to access your ASM Ltd services account  we’ll collect their name and contact information from you. Please make sure you have this person’s consent before you share their information with us.

Subject to legal requirements, if you are an End User, operator or an individual who interacts with a Customer, then you will be directed to contact the Customer in the first instance for assistance with any requests or questions relating to your personal information collected and stored by ASM Ltd.

Information we may collect from other third parties

This is personal information we collect about you from other people, like credit reference agencies. We only do this if we reasonably believe you’ve authorized us to do so, or if you’ve authorized the third party to share your information with us. This information could include:

• your credit history,
• collated information we purchase from third parties that may relate to identifiable individuals. We will only collect this kind of data from trusted providers if we are satisfied they have permission to share this information with us and the collection, use and disclosure meets the requirements of the relevant privacy legislation and regulation; and information we may collect from third party partners where we have consent to do so for the provision of any ASM Ltd partnership offerings.

Information we create to manage our Customer’s account

We also create and hold information to manage our Customer’s ASM Ltd services account, including:

• quote number and account name;
• service connection and disconnection dates;
• information on the products and services Customers have agreed to purchase from us, including information on any products and services a Customer used to purchase from us;
• our Customer’s billing information and payment records; and
• any login and password that we may assign to our Customers for use with our services.

Information we collect from other divisions of ASM Ltd

To ensure we can operate effectively and provide you with the best user experience, we may collect information about you from other parts of the MTE Group.

3.3. Your Usage Information

When you use our products and services, we may automatically generate and collect personal information related to your use of such products and services, including the following:

Vehicle and driver information

ASM Ltd hardware that is installed in our Customers’ machines continuously track, collect and obtain data such as:

• vehicle, location, distances travelled and route of vehicle
• whether ignition is on or off, acceleration, braking or lateral movements;
• outward facing dashcam video footage

ASM Ltd mobile applications (“Apps”)

We may collect personal information from users of our Apps. We may also collect information that mobile device sends when an App is being used,  as well as data about the use of the App. An App may access the applicable mobile device’s GPS coordinates or course location of the device, thereby collecting and store data about the location of the user of the App.

Your Online Data

We may also collect personal information about you when you use and access ASM Ltd websites or any other website operated by us. For example, the time and date of your visit, the internet protocol address assigned to your computer, your geo-location information, and standard web log information.

4. How do we collect your personal information?

Apart from through direct contact with you and our Customers (e.g. via email, telephone or face- to- face conversations), we collect your personal information in the following ways:

4.1. Automatically when you use our products and services.

From time to time the ASM Ltd may offer integration products or services, where we integrate our offering with a third-party service provider’s offering. We may collect your personal information where we supply our Customer with such product or service.

From time to time we may also add, and you may choose to, subscribe to other products and services we introduce to the market. When this happens, we may collect your personal information when you use that product or service.

4.2. When you visit our website or interact with us online

• Interactive features. We may offer interactive features such as chat or messaging services. We, and other individuals who use these interactive features, may collect the information that is submitted or made available through such features. Any information shared on public forums or social media pages may be seen by anyone, including third parties that do not adhere to our Policy. ‍
• Cookies. We may also use 'cookies' or other similar tracking technologies on our website and services that help us track your use of the websites and services and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that puts the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You may be able to disable cookies through your internet browser but allowing us to collect cookies ensures that the ASM Ltd websites and services work as intended. ‍
• Beacons. “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that we include on the ASM Ltd websites for several purposes, including to deliver or communicate with cookies, to track and measure the performance of those features, and to monitor how many visitors use those features. We may also include Web Beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. ‍
• Log Data. Our servers automatically record certain data about how users use our products and services (we refer to this data as “Log Data”), including End Users, operators and other non-registered users. Log Data may include data such as a user’s internet protocol (IP) address, browser type, operating system, the web page that a user was visiting, the pages or features of our product or service to which a user browsed and the time spent on those pages or features, search terms, the links that a user clicked on and other statistics. We use Log Data to analyze (and we may engage third parties to analyze) Log Data to improve, customize and enhance our products and services by expanding their features and functionality and tailoring them to users’ needs and preferences. ASM Ltd may use a person’s IP address to generate aggregate, non-identifying information data about how our products and services are used. ‍
• Third party analytics. We use the following third-party data analytics platforms to help us understand how our Customers, Operators, End Users and other users use and interact with our products and services. These could include but is not limited to:
• Google Analytics. You can read about how Google uses any data that it collects here www.google.com/policies/privacy/partners/. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt- out Browser Add-on https://tools.google.com/dlpage/gaoptout.

5. How do we use or process your personal information?

5.1. Provide you with our products and services

We collect your personal information to enable you to access and use all aspects of our products and services (including our websites and applications). In doing so we may need to use your personal information so that we can:

• contact and communicate with you, and help you when you have a problem.
• process your payments.
• provide you with information about our products and services and the products and services of our trusted partners; and
• send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you.

5.2. Secure and improve our products and services

Being able to identify how you are using our products and services plays a big part in helping us to make them better. In doing so, we may need to use your personal information so that we can:

• operate, protect, and optimize our current products, services, business and users’
• experience, such as performing analytics, conduct research and for advertising and marketing;
• innovate, develop and improve current and new products and services, including for machine learning purposes where our products and services utilize Artificial Intelligence
• find out and analyze what you think of our products and services;
• secure and protect our systems and platforms. This includes managing, improving and monitoring their operation, security and integrity. It also includes preventing attacks against, and threats to, their security or integrity; and
• detect and prevent attacks against our systems and platforms, and threats to their security or integrity.

5.3. Communicate with you

In addition to communicating with you in relation to your use of our products and services, we may also communicate with you to:

• let you know of any changes that might affect the products or service; and
• send you marketing and promotional messages and other information that we think may be of interest to you, including information sent by, or on behalf of, our carefully selected and trusted business partners that we think you may find interesting, and this includes direct marketing. If you do not want to receive marketing offers by email or in hard copy, please opt out.

5.4. Improve our dealings with you

• We may use your personal information to:
• administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
• comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

5.5. Conduct credit checks and recover debts

We rely on you to be able to pay your invoices on time. As such, we may use your personal information to assess your ability to pay or recover money you owe us, including by sharing your personal information with third parties for this purpose.

5.6. Investigate fraud

We may use your personal information to enhance our fraud prevention and detection controls.

5.7. Assist in our decision on whether to make you an offer of employment, engage you under a contract or otherwise do business with you

We may use your personal information such as your employment history, your other experiences and references to assess your suitability for a job and determine whether to make you an offer of employment, engage you under a contract or otherwise do business with you.

5.8. Facilitate an employment or contractual relationship with you

We collect personal information such as your name, contract information and bank account data to establish and manage our employment or contractual relationship with you.

5.9. De-identify or aggregate data for analytics purposes.

We may de-identify or aggregate your personal information and use it for ASM Ltd internal purposes, reporting industry-specific statistics and trends, reporting to government organizations or for sharing with third parties. We may receive consideration from third parties for such services.

We do this in accordance with the relevant ASM Ltd terms or a separate agreement you or the Customer may have agreed to with us. provide you with our products and services that utilize Artificial

5.10. Provide you with our products and services that utilize Artificial Intelligence.

The provision of ASM Ltd products and services also includes the use of AI to process your information. Certain ASM Ltd products and services utilize AI, specifically machine learning, to analyze data helping to enhance safety and sustainability outcomes. While AI technology offers significant benefits, it is not infallible. Any inaccuracies in AI- generated data may be raised by customers with ASM Ltd and ASM Ltd may use that information to correct it’s machine learning models. Any data collected, used, processed and held for AI purposes is handled securely in compliance with the privacy laws and ASM Ltd standard data handling practices as outlined in this policy.

5.11. For other purposes about which we obtain your consent.

From time to time, we may obtain your consent to use your personal information for other purposes not listed here. We will always endeavor to let you know in as much detail as possible what data we intend to use and for what purpose.

6. Who may we need to share or disclose your personal information to?

While we endeavor to limit what personal information we disclose and to whom, in certain circumstances, we may share or disclose your personal information to other entities for the purposes listed below. What information we share and why depends on a specific situation. For example, we may share your personal information:

6.1. With Suppliers

We may engage third-party Suppliers to work with us to administer and provide our products and services to Customers. For example, we work with reliable cloud data center suppliers to store personal information and other data we collect. We also work with payment card industry (PCI), compliant service providers, to assist with processing of credit card payments. If your employer is also our customer, and you use our products and services in the course of your employment, all information we collect or obtain about you will also be available to the Customer (i.e. your employer)  As may be covered in more detail in the Customer’s own privacy policy, upon the Customer obtaining all necessary consents, the Customer may use your personal information for:

Legal, insurance, and driver training purposes.

Please contact your employer directly if you need more information on how your employer (i.e. our customer) uses this information.

Artificial Intelligence (“AI”)

For products/services utilizing AI, we may share data with third party suppliers for AI learning purposes essential to the delivery of our products/services, including sharing data with service providers outside the jurisdiction where the data was originally collected. Strict controls are in place around the use, transmission, processing, storage and retention of data for AI learning purposes

Employment and contractual relationships

If you are employed by, or engaged as an independent contractor for, ASM Ltd, we may need to disclose your personal information to third party suppliers as part of managing our relationship with you.

6.2. With advertising partners

When you visit the ASM Ltd websites, ASM Ltd may allow third-party partners to set 'cookies' or other similar tracking technologies to collect information regarding your activities and your devices (e.g. your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the

purposes of delivering personalized advertisements to you when you visit third party services within their network. This practice is commonly referred to as “interest-based advertising” or “personalized advertising”. In some cases, we may engage in “cross-device tracking” which allows your browsing activity to be tracked across different websites on different devices or apps. If you prefer not to share your personal information with third party advertising partners, you may opt out.

6.3. With regulatory authorities

When our customers acquire our products and services, we may interface with regulatory authorities and exchange your personal information (including by filing reports) for our product(s) to operate correctly. You or our Customer (i.e. your employer) may also request that we provide certain information (e.g. hours of service) to regulatory authorities. We may also provide, on request from regulatory authorities, data that is publicly available or publicly displayed on machines.

6.4. With regulatory authority’s affiliates

To ensure we can operate effectively and provide you with the best user experience, we may share information about you with other parts of MTE Group of companies

6.5. In connection with business transactions

If ASM Ltd is acquired by a third party as a result of a transaction such as a merger, acquisition or sale or if ASM Ltd assets are acquired by a third party in the event ASM Ltd goes out of business or enters bankruptcy, some or all of your personal information may be disclosed or transferred to a third party acquirer in connection with the transaction. This is because information ASM Ltd  collects about you may be considered a business asset.

6.6. To meet our legal obligations

To comply with our legal obligations, we may share your personal information and other data with the Government (including regulatory authorities), law enforcement agencies or private parties.

However, we will only do so if we reasonably believe it is necessary or appropriate to:

• respond to claims or orders, pursuant to legal process (including subpoenas,
• summons, discovery or disclosure order or compulsory production orders);
• if we’re required to by any applicable stock exchange listing rules;
• to protect ASM Ltd property, rights and safety and the property, rights and safety of a third party or the public in general; and
• to stop any activity that ASM Ltd considers is illegal, unethical or legally actionable activity.

7. What about storage and security?

We are responsible for storing records, including personal information of Operators and End Users on behalf of our Customers. Consequently, we implement processes and measures to maintain a high standard of quality and system security, and reliability. We use several physical, administrative, personnel, legal and technical measures to protect your personal information.

7.1. Where we store your personal information

Our products and services have been designed from ground up to be secure. We partner with a global Internet network provider and a global cloud data services provider to enable secure transmission, storage and processing of any collected data (including personal information). We store all data collected with Microsoft Azure (Azure). We chose Azure because we believe it is the safest option for your data (including personal information).

7.2. How long do we store your information for?

Subject to any applicable laws, we store your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including supporting our products and services we offer, resolve disputes, establish legal defenses, conduct audits, pursue our legitimate business purposes, enforce our agreements and comply with applicable law.

7.3. Keeping your personal information secure

Our products and services use a private network to connect directly to our cloud platform for the transmission of data. We regularly conduct independent security testing, and our policies and procedures are aligned to internationally accepted control objectives and practices for security. Please be aware, however, that no method of transmitting data over the Internet or storing data is completely secure. Accordingly, ASM Ltd cannot guarantee the absolute security of any personal information.

7.4. Third party services

Our websites and applications may contain links to websites and services operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained. We have no control over the privacy practices of, or any content on, those linked websites and services, and we are not responsible for those websites and services. The privacy policies that apply to those other websites and services may differ substantially from our Policy, so we encourage you to read them before using those websites. Visiting these other websites and services is at your own risk.

8. Your choices

8.1. You can access and correct your personal information

If we hold personal information about you, you can request access to such personal information. Before processing your request, we may contact you to verify your identity and to advise you of any charges that may apply. If you think that any personal information, we hold of you is wrong, contact us – we will check the information and, if we agree it is wrong, we will take reasonable steps to ensure that it is corrected.

Sometimes, we may not be able to provide you with access to all your personal information. Where this is the case, we will tell you why.

8.2. Opting out

• General. You may have the right to opt out of certain uses of your personal information. If you choose to opt out, we may be unable to supply our products and services to you. ‍
• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the products and services you have requested. We may also send you certain non-promotional communications regarding us and our products and services, and you will not be able to opt out of those communications (e.g. communications regarding a change to our service or updates to this Policy). ‍
• Mobile Devices. We or our third-party providers may send you push notifications through the ASM Ltd mobile applications. With your consent, we may also collect geo- location information when you use ASM Ltd mobile application. You may be able to opt-out of this collection by changing the settings on your mobile device, however this could impact on our ability to supply you with services. ‍
• Cookies and Personalized Advertising. If you would like to opt-out of the Cookies and other similar tracking technologies we use, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device.
• “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to, or honor, DNT signals or similar mechanisms transmitted by web browsers.

8.3. The complaints process

If you think we have breached the relevant privacy legislation or regulations, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period.

Last updated: September 2025

Welcome

Welcome to Active Safety Management Ltd’s Privacy Policy, which we will simply refer to as “the Policy”. When you use the services of, or interact with, ASM Ltd or one of ASM Ltd’s subsidiaries or related entities (part of the MTE Group), we collect your information, including personal details. We appreciate that you trust us with this information, and we want to always keep that trust. We will start by making sure you understand what information we collect about you, why we collect it, how it is used and processed, when we may need to share it with people other than yourself, and the choices you may have regarding your personal information.

Important

We want to make it as straight forward as possible for you to understand our privacy practices. We hope this will help you make informed decisions when you share your personal information with us.

Points to note:

• This Policy, applies when you are an ASM Ltd customer and have a contract with us. But even if you are not an ASM Ltd customer this Policy applies to any personal information we collect when you use our services or interact with us. This could include instances where you use our services that your employer or contractor pays for, you contact us directly, you propose to supply services to us, you register online to receive information about our services or you apply for a job with us, or you work for us.
• Personal information means information about an identifiable natural person. This could include your name, date of birth, email, address, telephone number, your movements and location, your biometric information, bank account details, payment information, support queries, and so on. If you can’t be identified (for example, when personal data has been de-identified or aggregated) then this Policy doesn’t apply.
• If you’re an ASM Ltd customer, this Policy forms part of the ASM Ltd terms applicable to the ASM Ltd products and services you’ve signed up to receive from us.
• You may choose not to supply us with your personal information, but this may impact on our ability to provide you with our products and services, or to have meaningful interactions with you.
• We are committed to processing personal information consistent with the requirements of all applicable laws.
• As things change, and technology changes, we may need to update our Privacy Policy from time to time. We’ll keep you updated by publishing these changes on our website. You may want to check back here from time to time to make sure you’re always up to date with our Privacy Policy. If we make material changes to the Policy, where possible we’ll notify you as required by applicable laws. We will also update the “Last Updated” date above to indicate when those changes will become effective.

1. Who are "we"?

1.1. We are ASM Ltd and form part of the MTE group of companies. We provide products and related services for the purposes of monitoring and managing personnel interactions around mobile machinery in real time using Ai camera, radar and RFID technology.

2. Who are "you"?

2.1. You may be our:

• Customer – a person or an entity that has entered a customer contract with us (including an owner operated business);
• End User – someone authorized by a Customer to use our services, for example you could be an administrative user in our Customer’s business;
• Operator – you may be employed by a Customer to operate a machine that has our hardware installed in it; or you may have installed our hardware in your machine and are using it (and the associated services) in your capacity as an independent contractor for our Customer;
• Visitor – you may have accessed and used one of our websites, including the careers section of our website;
• Employee or Independent Contractor – you may be employed by MTE Group or hired as an independent contractor; or
• Supplier – you may be supplying us with your products or services or looking to enter a supply arrangement with us.

3. What information about you do we collect?

3.1. We limit the collection of personal information to what is strictly necessary for the purposes of our business functions and activities. There are two key categories of information we collect about you: your user information and your usage information.

3.2. Your User Information

To provide you with our services and conduct our business, we need to collect some information directly from you and sometimes from third parties. We may collect the following user information:

Information you give us

This is personal information we collect from you when you sign up for an service, or give us your information for another reason. It includes your:

• identification information, including your name, age or date of birth and gender;
• other identity verification information, including your driver license number, a copy of your driver license, copies of other identification documents and similar;
• contact information, including your mailing or street address, email address, telephone number and other contact details.
• if you use our products, biometric information is collected as part of the video functionality. This may include facial features and behavioral indicators and recordings captured through audio.
• payment information, like your bank account details.
• any preferences you have submitted, including preferred username and other preferences related to the preference settings for your use of the ASM Ltd services.
• information you have shared with us in calls and online chats with our staff, or any
• emails and other written information you’ve sent us or that you’ve chosen to input into the services. We may record our contact center calls or live chats to help improve our customer service
• machine information, including make, model, year of manufacture and the license plate number.
• comments you make on any feature of our services, including information you provide to us through customer surveys.
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries.
• details about your business and your role within your business; and
• in addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether to make you an offer of employment or engage you under a contract.
• When you work for us, an employee or independent contractor, we collect information about you such as your name, contact details, including your phone number and mailing address, bank account information and any other information required to establish and manage our employment or contractual relationship with you.

Information our Customer may give us

If you are employed by or are contracted to provide services to one of our Customers we may collect personal information about you from that Customer. If you are our Customer, and you want to share or allow  ASM Ltd to collect, create and use personal information related to your employees, contractors and other individuals, you must:

• obtain permission from such individuals to allow ASM Ltd to do this; and
• take reasonable steps to ensure that these individuals understand what personal information we will collect, create and use and that they agree to this. For example, you can do this by providing these individuals with a copy of this Policy.

Access and Authorization

Also, as a customer you decide who will have access to the products and services you acquire from us, including personal information we collect. If you want to authorize someone else to access your ASM Ltd services account  we’ll collect their name and contact information from you. Please make sure you have this person’s consent before you share their information with us.

Subject to legal requirements, if you are an End User, operator or an individual who interacts with a Customer, then you will be directed to contact the Customer in the first instance for assistance with any requests or questions relating to your personal information collected and stored by ASM Ltd.

Information we may collect from other third parties

This is personal information we collect about you from other people, like credit reference agencies. We only do this if we reasonably believe you’ve authorized us to do so, or if you’ve authorized the third party to share your information with us. This information could include:

• your credit history,
• collated information we purchase from third parties that may relate to identifiable individuals. We will only collect this kind of data from trusted providers if we are satisfied they have permission to share this information with us and the collection, use and disclosure meets the requirements of the relevant privacy legislation and regulation; and information we may collect from third party partners where we have consent to do so for the provision of any ASM Ltd partnership offerings.

Information we create to manage our Customer’s account

We also create and hold information to manage our Customer’s ASM Ltd services account, including:

• quote number and account name;
• service connection and disconnection dates;
• information on the products and services Customers have agreed to purchase from us, including information on any products and services a Customer used to purchase from us;
• our Customer’s billing information and payment records; and
• any login and password that we may assign to our Customers for use with our services.

Information we collect from other divisions of ASM Ltd

To ensure we can operate effectively and provide you with the best user experience, we may collect information about you from other parts of the MTE Group.

3.3. Your Usage Information

When you use our products and services, we may automatically generate and collect personal information related to your use of such products and services, including the following:

Vehicle and driver information

ASM Ltd hardware that is installed in our Customers’ machines continuously track, collect and obtain data such as:

• vehicle, location, distances travelled and route of vehicle
• whether ignition is on or off, acceleration, braking or lateral movements;
• outward facing dashcam video footage

ASM Ltd mobile applications (“Apps”)

We may collect personal information from users of our Apps. We may also collect information that mobile device sends when an App is being used,  as well as data about the use of the App. An App may access the applicable mobile device’s GPS coordinates or course location of the device, thereby collecting and store data about the location of the user of the App.

Your Online Data

We may also collect personal information about you when you use and access ASM Ltd websites or any other website operated by us. For example, the time and date of your visit, the internet protocol address assigned to your computer, your geo-location information, and standard web log information.

4. How do we collect your personal information?

Apart from through direct contact with you and our Customers (e.g. via email, telephone or face- to- face conversations), we collect your personal information in the following ways:

4.1. Automatically when you use our products and services.

From time to time the ASM Ltd may offer integration products or services, where we integrate our offering with a third-party service provider’s offering. We may collect your personal information where we supply our Customer with such product or service.

From time to time we may also add, and you may choose to, subscribe to other products and services we introduce to the market. When this happens, we may collect your personal information when you use that product or service.

4.2. When you visit our website or interact with us online

• Interactive features. We may offer interactive features such as chat or messaging services. We, and other individuals who use these interactive features, may collect the information that is submitted or made available through such features. Any information shared on public forums or social media pages may be seen by anyone, including third parties that do not adhere to our Policy. ‍
• Cookies. We may also use 'cookies' or other similar tracking technologies on our website and services that help us track your use of the websites and services and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that puts the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You may be able to disable cookies through your internet browser but allowing us to collect cookies ensures that the ASM Ltd websites and services work as intended. ‍
• Beacons. “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that we include on the ASM Ltd websites for several purposes, including to deliver or communicate with cookies, to track and measure the performance of those features, and to monitor how many visitors use those features. We may also include Web Beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. ‍
• Log Data. Our servers automatically record certain data about how users use our products and services (we refer to this data as “Log Data”), including End Users, operators and other non-registered users. Log Data may include data such as a user’s internet protocol (IP) address, browser type, operating system, the web page that a user was visiting, the pages or features of our product or service to which a user browsed and the time spent on those pages or features, search terms, the links that a user clicked on and other statistics. We use Log Data to analyze (and we may engage third parties to analyze) Log Data to improve, customize and enhance our products and services by expanding their features and functionality and tailoring them to users’ needs and preferences. ASM Ltd may use a person’s IP address to generate aggregate, non-identifying information data about how our products and services are used. ‍
• Third party analytics. We use the following third-party data analytics platforms to help us understand how our Customers, Operators, End Users and other users use and interact with our products and services. These could include but is not limited to:
• Google Analytics. You can read about how Google uses any data that it collects here www.google.com/policies/privacy/partners/. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt- out Browser Add-on https://tools.google.com/dlpage/gaoptout.

5. How do we use or process your personal information?

5.1. Provide you with our products and services

We collect your personal information to enable you to access and use all aspects of our products and services (including our websites and applications). In doing so we may need to use your personal information so that we can:

• contact and communicate with you, and help you when you have a problem.
• process your payments.
• provide you with information about our products and services and the products and services of our trusted partners; and
• send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you.

5.2. Secure and improve our products and services

Being able to identify how you are using our products and services plays a big part in helping us to make them better. In doing so, we may need to use your personal information so that we can:

• operate, protect, and optimize our current products, services, business and users’
• experience, such as performing analytics, conduct research and for advertising and marketing;
• innovate, develop and improve current and new products and services, including for machine learning purposes where our products and services utilize Artificial Intelligence
• find out and analyze what you think of our products and services;
• secure and protect our systems and platforms. This includes managing, improving and monitoring their operation, security and integrity. It also includes preventing attacks against, and threats to, their security or integrity; and
• detect and prevent attacks against our systems and platforms, and threats to their security or integrity.

5.3. Communicate with you

In addition to communicating with you in relation to your use of our products and services, we may also communicate with you to:

• let you know of any changes that might affect the products or service; and
• send you marketing and promotional messages and other information that we think may be of interest to you, including information sent by, or on behalf of, our carefully selected and trusted business partners that we think you may find interesting, and this includes direct marketing. If you do not want to receive marketing offers by email or in hard copy, please opt out.

5.4. Improve our dealings with you

• We may use your personal information to:
• administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
• comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

5.5. Conduct credit checks and recover debts

We rely on you to be able to pay your invoices on time. As such, we may use your personal information to assess your ability to pay or recover money you owe us, including by sharing your personal information with third parties for this purpose.

5.6. Investigate fraud

We may use your personal information to enhance our fraud prevention and detection controls.

5.7. Assist in our decision on whether to make you an offer of employment, engage you under a contract or otherwise do business with you

We may use your personal information such as your employment history, your other experiences and references to assess your suitability for a job and determine whether to make you an offer of employment, engage you under a contract or otherwise do business with you.

5.8. Facilitate an employment or contractual relationship with you

We collect personal information such as your name, contract information and bank account data to establish and manage our employment or contractual relationship with you.

5.9. De-identify or aggregate data for analytics purposes.

We may de-identify or aggregate your personal information and use it for ASM Ltd internal purposes, reporting industry-specific statistics and trends, reporting to government organizations or for sharing with third parties. We may receive consideration from third parties for such services.

We do this in accordance with the relevant ASM Ltd terms or a separate agreement you or the Customer may have agreed to with us. provide you with our products and services that utilize Artificial

5.10. Provide you with our products and services that utilize Artificial Intelligence.

The provision of ASM Ltd products and services also includes the use of AI to process your information. Certain ASM Ltd products and services utilize AI, specifically machine learning, to analyze data helping to enhance safety and sustainability outcomes. While AI technology offers significant benefits, it is not infallible. Any inaccuracies in AI- generated data may be raised by customers with ASM Ltd and ASM Ltd may use that information to correct it’s machine learning models. Any data collected, used, processed and held for AI purposes is handled securely in compliance with the privacy laws and ASM Ltd standard data handling practices as outlined in this policy.

5.11. For other purposes about which we obtain your consent.

From time to time, we may obtain your consent to use your personal information for other purposes not listed here. We will always endeavor to let you know in as much detail as possible what data we intend to use and for what purpose.

6. Who may we need to share or disclose your personal information to?

While we endeavor to limit what personal information we disclose and to whom, in certain circumstances, we may share or disclose your personal information to other entities for the purposes listed below. What information we share and why depends on a specific situation. For example, we may share your personal information:

6.1. With Suppliers

We may engage third-party Suppliers to work with us to administer and provide our products and services to Customers. For example, we work with reliable cloud data center suppliers to store personal information and other data we collect. We also work with payment card industry (PCI), compliant service providers, to assist with processing of credit card payments. If your employer is also our customer, and you use our products and services in the course of your employment, all information we collect or obtain about you will also be available to the Customer (i.e. your employer)  As may be covered in more detail in the Customer’s own privacy policy, upon the Customer obtaining all necessary consents, the Customer may use your personal information for:

Legal, insurance, and driver training purposes.

Please contact your employer directly if you need more information on how your employer (i.e. our customer) uses this information.

Artificial Intelligence (“AI”)

For products/services utilizing AI, we may share data with third party suppliers for AI learning purposes essential to the delivery of our products/services, including sharing data with service providers outside the jurisdiction where the data was originally collected. Strict controls are in place around the use, transmission, processing, storage and retention of data for AI learning purposes

Employment and contractual relationships

If you are employed by, or engaged as an independent contractor for, ASM Ltd, we may need to disclose your personal information to third party suppliers as part of managing our relationship with you.

6.2. With advertising partners

When you visit the ASM Ltd websites, ASM Ltd may allow third-party partners to set 'cookies' or other similar tracking technologies to collect information regarding your activities and your devices (e.g. your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the

purposes of delivering personalized advertisements to you when you visit third party services within their network. This practice is commonly referred to as “interest-based advertising” or “personalized advertising”. In some cases, we may engage in “cross-device tracking” which allows your browsing activity to be tracked across different websites on different devices or apps. If you prefer not to share your personal information with third party advertising partners, you may opt out.

6.3. With regulatory authorities

When our customers acquire our products and services, we may interface with regulatory authorities and exchange your personal information (including by filing reports) for our product(s) to operate correctly. You or our Customer (i.e. your employer) may also request that we provide certain information (e.g. hours of service) to regulatory authorities. We may also provide, on request from regulatory authorities, data that is publicly available or publicly displayed on machines.

6.4. With regulatory authority’s affiliates

To ensure we can operate effectively and provide you with the best user experience, we may share information about you with other parts of MTE Group of companies

6.5. In connection with business transactions

If ASM Ltd is acquired by a third party as a result of a transaction such as a merger, acquisition or sale or if ASM Ltd assets are acquired by a third party in the event ASM Ltd goes out of business or enters bankruptcy, some or all of your personal information may be disclosed or transferred to a third party acquirer in connection with the transaction. This is because information ASM Ltd  collects about you may be considered a business asset.

6.6. To meet our legal obligations

To comply with our legal obligations, we may share your personal information and other data with the Government (including regulatory authorities), law enforcement agencies or private parties.

However, we will only do so if we reasonably believe it is necessary or appropriate to:

• respond to claims or orders, pursuant to legal process (including subpoenas,
• summons, discovery or disclosure order or compulsory production orders);
• if we’re required to by any applicable stock exchange listing rules;
• to protect ASM Ltd property, rights and safety and the property, rights and safety of a third party or the public in general; and
• to stop any activity that ASM Ltd considers is illegal, unethical or legally actionable activity.

7. What about storage and security?

We are responsible for storing records, including personal information of Operators and End Users on behalf of our Customers. Consequently, we implement processes and measures to maintain a high standard of quality and system security, and reliability. We use several physical, administrative, personnel, legal and technical measures to protect your personal information.

7.1. Where we store your personal information

Our products and services have been designed from ground up to be secure. We partner with a global Internet network provider and a global cloud data services provider to enable secure transmission, storage and processing of any collected data (including personal information). We store all data collected with Microsoft Azure (Azure). We chose Azure because we believe it is the safest option for your data (including personal information).

7.2. How long do we store your information for?

Subject to any applicable laws, we store your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including supporting our products and services we offer, resolve disputes, establish legal defenses, conduct audits, pursue our legitimate business purposes, enforce our agreements and comply with applicable law.

7.3. Keeping your personal information secure

Our products and services use a private network to connect directly to our cloud platform for the transmission of data. We regularly conduct independent security testing, and our policies and procedures are aligned to internationally accepted control objectives and practices for security. Please be aware, however, that no method of transmitting data over the Internet or storing data is completely secure. Accordingly, ASM Ltd cannot guarantee the absolute security of any personal information.

7.4. Third party services

Our websites and applications may contain links to websites and services operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained. We have no control over the privacy practices of, or any content on, those linked websites and services, and we are not responsible for those websites and services. The privacy policies that apply to those other websites and services may differ substantially from our Policy, so we encourage you to read them before using those websites. Visiting these other websites and services is at your own risk.

8. Your choices

8.1. You can access and correct your personal information

If we hold personal information about you, you can request access to such personal information. Before processing your request, we may contact you to verify your identity and to advise you of any charges that may apply. If you think that any personal information, we hold of you is wrong, contact us – we will check the information and, if we agree it is wrong, we will take reasonable steps to ensure that it is corrected.

Sometimes, we may not be able to provide you with access to all your personal information. Where this is the case, we will tell you why.

8.2. Opting out

• General. You may have the right to opt out of certain uses of your personal information. If you choose to opt out, we may be unable to supply our products and services to you. ‍
• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the products and services you have requested. We may also send you certain non-promotional communications regarding us and our products and services, and you will not be able to opt out of those communications (e.g. communications regarding a change to our service or updates to this Policy). ‍
• Mobile Devices. We or our third-party providers may send you push notifications through the ASM Ltd mobile applications. With your consent, we may also collect geo- location information when you use ASM Ltd mobile application. You may be able to opt-out of this collection by changing the settings on your mobile device, however this could impact on our ability to supply you with services. ‍
• Cookies and Personalized Advertising. If you would like to opt-out of the Cookies and other similar tracking technologies we use, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device.
• “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to, or honor, DNT signals or similar mechanisms transmitted by web browsers.

8.3. The complaints process

If you think we have breached the relevant privacy legislation or regulations, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period.

Last updated: September 2025

Welcome

Welcome to Active Safety Management Ltd’s Privacy Policy, which we will simply refer to as “the Policy”. When you use the services of, or interact with, ASM Ltd or one of ASM Ltd’s subsidiaries or related entities (part of the MTE Group), we collect your information, including personal details. We appreciate that you trust us with this information, and we want to always keep that trust. We will start by making sure you understand what information we collect about you, why we collect it, how it is used and processed, when we may need to share it with people other than yourself, and the choices you may have regarding your personal information.

Important

We want to make it as straight forward as possible for you to understand our privacy practices. We hope this will help you make informed decisions when you share your personal information with us.

Points to note:

• This Policy, applies when you are an ASM Ltd customer and have a contract with us. But even if you are not an ASM Ltd customer this Policy applies to any personal information we collect when you use our services or interact with us. This could include instances where you use our services that your employer or contractor pays for, you contact us directly, you propose to supply services to us, you register online to receive information about our services or you apply for a job with us, or you work for us.
• Personal information means information about an identifiable natural person. This could include your name, date of birth, email, address, telephone number, your movements and location, your biometric information, bank account details, payment information, support queries, and so on. If you can’t be identified (for example, when personal data has been de-identified or aggregated) then this Policy doesn’t apply.
• If you’re an ASM Ltd customer, this Policy forms part of the ASM Ltd terms applicable to the ASM Ltd products and services you’ve signed up to receive from us.
• You may choose not to supply us with your personal information, but this may impact on our ability to provide you with our products and services, or to have meaningful interactions with you.
• We are committed to processing personal information consistent with the requirements of all applicable laws.
• As things change, and technology changes, we may need to update our Privacy Policy from time to time. We’ll keep you updated by publishing these changes on our website. You may want to check back here from time to time to make sure you’re always up to date with our Privacy Policy. If we make material changes to the Policy, where possible we’ll notify you as required by applicable laws. We will also update the “Last Updated” date above to indicate when those changes will become effective.

1. Who are "we"?

1.1. We are ASM Ltd and form part of the MTE group of companies. We provide products and related services for the purposes of monitoring and managing personnel interactions around mobile machinery in real time using Ai camera, radar and RFID technology.

2. Who are "you"?

2.1. You may be our:

• Customer – a person or an entity that has entered a customer contract with us (including an owner operated business);
• End User – someone authorized by a Customer to use our services, for example you could be an administrative user in our Customer’s business;
• Operator – you may be employed by a Customer to operate a machine that has our hardware installed in it; or you may have installed our hardware in your machine and are using it (and the associated services) in your capacity as an independent contractor for our Customer;
• Visitor – you may have accessed and used one of our websites, including the careers section of our website;
• Employee or Independent Contractor – you may be employed by MTE Group or hired as an independent contractor; or
• Supplier – you may be supplying us with your products or services or looking to enter a supply arrangement with us.

3. What information about you do we collect?

3.1. We limit the collection of personal information to what is strictly necessary for the purposes of our business functions and activities. There are two key categories of information we collect about you: your user information and your usage information.

3.2. Your User Information

To provide you with our services and conduct our business, we need to collect some information directly from you and sometimes from third parties. We may collect the following user information:

Information you give us

This is personal information we collect from you when you sign up for an service, or give us your information for another reason. It includes your:

• identification information, including your name, age or date of birth and gender;
• other identity verification information, including your driver license number, a copy of your driver license, copies of other identification documents and similar;
• contact information, including your mailing or street address, email address, telephone number and other contact details.
• if you use our products, biometric information is collected as part of the video functionality. This may include facial features and behavioral indicators and recordings captured through audio.
• payment information, like your bank account details.
• any preferences you have submitted, including preferred username and other preferences related to the preference settings for your use of the ASM Ltd services.
• information you have shared with us in calls and online chats with our staff, or any
• emails and other written information you’ve sent us or that you’ve chosen to input into the services. We may record our contact center calls or live chats to help improve our customer service
• machine information, including make, model, year of manufacture and the license plate number.
• comments you make on any feature of our services, including information you provide to us through customer surveys.
• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries.
• details about your business and your role within your business; and
• in addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether to make you an offer of employment or engage you under a contract.
• When you work for us, an employee or independent contractor, we collect information about you such as your name, contact details, including your phone number and mailing address, bank account information and any other information required to establish and manage our employment or contractual relationship with you.

Information our Customer may give us

If you are employed by or are contracted to provide services to one of our Customers we may collect personal information about you from that Customer. If you are our Customer, and you want to share or allow  ASM Ltd to collect, create and use personal information related to your employees, contractors and other individuals, you must:

• obtain permission from such individuals to allow ASM Ltd to do this; and
• take reasonable steps to ensure that these individuals understand what personal information we will collect, create and use and that they agree to this. For example, you can do this by providing these individuals with a copy of this Policy.

Access and Authorization

Also, as a customer you decide who will have access to the products and services you acquire from us, including personal information we collect. If you want to authorize someone else to access your ASM Ltd services account  we’ll collect their name and contact information from you. Please make sure you have this person’s consent before you share their information with us.

Subject to legal requirements, if you are an End User, operator or an individual who interacts with a Customer, then you will be directed to contact the Customer in the first instance for assistance with any requests or questions relating to your personal information collected and stored by ASM Ltd.

Information we may collect from other third parties

This is personal information we collect about you from other people, like credit reference agencies. We only do this if we reasonably believe you’ve authorized us to do so, or if you’ve authorized the third party to share your information with us. This information could include:

• your credit history,
• collated information we purchase from third parties that may relate to identifiable individuals. We will only collect this kind of data from trusted providers if we are satisfied they have permission to share this information with us and the collection, use and disclosure meets the requirements of the relevant privacy legislation and regulation; and information we may collect from third party partners where we have consent to do so for the provision of any ASM Ltd partnership offerings.

Information we create to manage our Customer’s account

We also create and hold information to manage our Customer’s ASM Ltd services account, including:

• quote number and account name;
• service connection and disconnection dates;
• information on the products and services Customers have agreed to purchase from us, including information on any products and services a Customer used to purchase from us;
• our Customer’s billing information and payment records; and
• any login and password that we may assign to our Customers for use with our services.

Information we collect from other divisions of ASM Ltd

To ensure we can operate effectively and provide you with the best user experience, we may collect information about you from other parts of the MTE Group.

3.3. Your Usage Information

When you use our products and services, we may automatically generate and collect personal information related to your use of such products and services, including the following:

Vehicle and driver information

ASM Ltd hardware that is installed in our Customers’ machines continuously track, collect and obtain data such as:

• vehicle, location, distances travelled and route of vehicle
• whether ignition is on or off, acceleration, braking or lateral movements;
• outward facing dashcam video footage

ASM Ltd mobile applications (“Apps”)

We may collect personal information from users of our Apps. We may also collect information that mobile device sends when an App is being used,  as well as data about the use of the App. An App may access the applicable mobile device’s GPS coordinates or course location of the device, thereby collecting and store data about the location of the user of the App.

Your Online Data

We may also collect personal information about you when you use and access ASM Ltd websites or any other website operated by us. For example, the time and date of your visit, the internet protocol address assigned to your computer, your geo-location information, and standard web log information.

4. How do we collect your personal information?

Apart from through direct contact with you and our Customers (e.g. via email, telephone or face- to- face conversations), we collect your personal information in the following ways:

4.1. Automatically when you use our products and services.

From time to time the ASM Ltd may offer integration products or services, where we integrate our offering with a third-party service provider’s offering. We may collect your personal information where we supply our Customer with such product or service.

From time to time we may also add, and you may choose to, subscribe to other products and services we introduce to the market. When this happens, we may collect your personal information when you use that product or service.

4.2. When you visit our website or interact with us online

• Interactive features. We may offer interactive features such as chat or messaging services. We, and other individuals who use these interactive features, may collect the information that is submitted or made available through such features. Any information shared on public forums or social media pages may be seen by anyone, including third parties that do not adhere to our Policy. ‍
• Cookies. We may also use 'cookies' or other similar tracking technologies on our website and services that help us track your use of the websites and services and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that puts the cookie on your device to recognize you across different websites, services, devices and/or browsing sessions. You may be able to disable cookies through your internet browser but allowing us to collect cookies ensures that the ASM Ltd websites and services work as intended. ‍
• Beacons. “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that we include on the ASM Ltd websites for several purposes, including to deliver or communicate with cookies, to track and measure the performance of those features, and to monitor how many visitors use those features. We may also include Web Beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. ‍
• Log Data. Our servers automatically record certain data about how users use our products and services (we refer to this data as “Log Data”), including End Users, operators and other non-registered users. Log Data may include data such as a user’s internet protocol (IP) address, browser type, operating system, the web page that a user was visiting, the pages or features of our product or service to which a user browsed and the time spent on those pages or features, search terms, the links that a user clicked on and other statistics. We use Log Data to analyze (and we may engage third parties to analyze) Log Data to improve, customize and enhance our products and services by expanding their features and functionality and tailoring them to users’ needs and preferences. ASM Ltd may use a person’s IP address to generate aggregate, non-identifying information data about how our products and services are used. ‍
• Third party analytics. We use the following third-party data analytics platforms to help us understand how our Customers, Operators, End Users and other users use and interact with our products and services. These could include but is not limited to:
• Google Analytics. You can read about how Google uses any data that it collects here www.google.com/policies/privacy/partners/. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt- out Browser Add-on https://tools.google.com/dlpage/gaoptout.

5. How do we use or process your personal information?

5.1. Provide you with our products and services

We collect your personal information to enable you to access and use all aspects of our products and services (including our websites and applications). In doing so we may need to use your personal information so that we can:

• contact and communicate with you, and help you when you have a problem.
• process your payments.
• provide you with information about our products and services and the products and services of our trusted partners; and
• send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you.

5.2. Secure and improve our products and services

Being able to identify how you are using our products and services plays a big part in helping us to make them better. In doing so, we may need to use your personal information so that we can:

• operate, protect, and optimize our current products, services, business and users’
• experience, such as performing analytics, conduct research and for advertising and marketing;
• innovate, develop and improve current and new products and services, including for machine learning purposes where our products and services utilize Artificial Intelligence
• find out and analyze what you think of our products and services;
• secure and protect our systems and platforms. This includes managing, improving and monitoring their operation, security and integrity. It also includes preventing attacks against, and threats to, their security or integrity; and
• detect and prevent attacks against our systems and platforms, and threats to their security or integrity.

5.3. Communicate with you

In addition to communicating with you in relation to your use of our products and services, we may also communicate with you to:

• let you know of any changes that might affect the products or service; and
• send you marketing and promotional messages and other information that we think may be of interest to you, including information sent by, or on behalf of, our carefully selected and trusted business partners that we think you may find interesting, and this includes direct marketing. If you do not want to receive marketing offers by email or in hard copy, please opt out.

5.4. Improve our dealings with you

• We may use your personal information to:
• administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
• comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

5.5. Conduct credit checks and recover debts

We rely on you to be able to pay your invoices on time. As such, we may use your personal information to assess your ability to pay or recover money you owe us, including by sharing your personal information with third parties for this purpose.

5.6. Investigate fraud

We may use your personal information to enhance our fraud prevention and detection controls.

5.7. Assist in our decision on whether to make you an offer of employment, engage you under a contract or otherwise do business with you

We may use your personal information such as your employment history, your other experiences and references to assess your suitability for a job and determine whether to make you an offer of employment, engage you under a contract or otherwise do business with you.

5.8. Facilitate an employment or contractual relationship with you

We collect personal information such as your name, contract information and bank account data to establish and manage our employment or contractual relationship with you.

5.9. De-identify or aggregate data for analytics purposes.

We may de-identify or aggregate your personal information and use it for ASM Ltd internal purposes, reporting industry-specific statistics and trends, reporting to government organizations or for sharing with third parties. We may receive consideration from third parties for such services.

We do this in accordance with the relevant ASM Ltd terms or a separate agreement you or the Customer may have agreed to with us. provide you with our products and services that utilize Artificial

5.10. Provide you with our products and services that utilize Artificial Intelligence.

The provision of ASM Ltd products and services also includes the use of AI to process your information. Certain ASM Ltd products and services utilize AI, specifically machine learning, to analyze data helping to enhance safety and sustainability outcomes. While AI technology offers significant benefits, it is not infallible. Any inaccuracies in AI- generated data may be raised by customers with ASM Ltd and ASM Ltd may use that information to correct it’s machine learning models. Any data collected, used, processed and held for AI purposes is handled securely in compliance with the privacy laws and ASM Ltd standard data handling practices as outlined in this policy.

5.11. For other purposes about which we obtain your consent.

From time to time, we may obtain your consent to use your personal information for other purposes not listed here. We will always endeavor to let you know in as much detail as possible what data we intend to use and for what purpose.

6. Who may we need to share or disclose your personal information to?

While we endeavor to limit what personal information we disclose and to whom, in certain circumstances, we may share or disclose your personal information to other entities for the purposes listed below. What information we share and why depends on a specific situation. For example, we may share your personal information:

6.1. With Suppliers

We may engage third-party Suppliers to work with us to administer and provide our products and services to Customers. For example, we work with reliable cloud data center suppliers to store personal information and other data we collect. We also work with payment card industry (PCI), compliant service providers, to assist with processing of credit card payments. If your employer is also our customer, and you use our products and services in the course of your employment, all information we collect or obtain about you will also be available to the Customer (i.e. your employer)  As may be covered in more detail in the Customer’s own privacy policy, upon the Customer obtaining all necessary consents, the Customer may use your personal information for:

Legal, insurance, and driver training purposes.

Please contact your employer directly if you need more information on how your employer (i.e. our customer) uses this information.

Artificial Intelligence (“AI”)

For products/services utilizing AI, we may share data with third party suppliers for AI learning purposes essential to the delivery of our products/services, including sharing data with service providers outside the jurisdiction where the data was originally collected. Strict controls are in place around the use, transmission, processing, storage and retention of data for AI learning purposes

Employment and contractual relationships

If you are employed by, or engaged as an independent contractor for, ASM Ltd, we may need to disclose your personal information to third party suppliers as part of managing our relationship with you.

6.2. With advertising partners

When you visit the ASM Ltd websites, ASM Ltd may allow third-party partners to set 'cookies' or other similar tracking technologies to collect information regarding your activities and your devices (e.g. your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the

purposes of delivering personalized advertisements to you when you visit third party services within their network. This practice is commonly referred to as “interest-based advertising” or “personalized advertising”. In some cases, we may engage in “cross-device tracking” which allows your browsing activity to be tracked across different websites on different devices or apps. If you prefer not to share your personal information with third party advertising partners, you may opt out.

6.3. With regulatory authorities

When our customers acquire our products and services, we may interface with regulatory authorities and exchange your personal information (including by filing reports) for our product(s) to operate correctly. You or our Customer (i.e. your employer) may also request that we provide certain information (e.g. hours of service) to regulatory authorities. We may also provide, on request from regulatory authorities, data that is publicly available or publicly displayed on machines.

6.4. With regulatory authority’s affiliates

To ensure we can operate effectively and provide you with the best user experience, we may share information about you with other parts of MTE Group of companies

6.5. In connection with business transactions

If ASM Ltd is acquired by a third party as a result of a transaction such as a merger, acquisition or sale or if ASM Ltd assets are acquired by a third party in the event ASM Ltd goes out of business or enters bankruptcy, some or all of your personal information may be disclosed or transferred to a third party acquirer in connection with the transaction. This is because information ASM Ltd  collects about you may be considered a business asset.

6.6. To meet our legal obligations

To comply with our legal obligations, we may share your personal information and other data with the Government (including regulatory authorities), law enforcement agencies or private parties.

However, we will only do so if we reasonably believe it is necessary or appropriate to:

• respond to claims or orders, pursuant to legal process (including subpoenas,
• summons, discovery or disclosure order or compulsory production orders);
• if we’re required to by any applicable stock exchange listing rules;
• to protect ASM Ltd property, rights and safety and the property, rights and safety of a third party or the public in general; and
• to stop any activity that ASM Ltd considers is illegal, unethical or legally actionable activity.

7. What about storage and security?

We are responsible for storing records, including personal information of Operators and End Users on behalf of our Customers. Consequently, we implement processes and measures to maintain a high standard of quality and system security, and reliability. We use several physical, administrative, personnel, legal and technical measures to protect your personal information.

7.1. Where we store your personal information

Our products and services have been designed from ground up to be secure. We partner with a global Internet network provider and a global cloud data services provider to enable secure transmission, storage and processing of any collected data (including personal information). We store all data collected with Microsoft Azure (Azure). We chose Azure because we believe it is the safest option for your data (including personal information).

7.2. How long do we store your information for?

Subject to any applicable laws, we store your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including supporting our products and services we offer, resolve disputes, establish legal defenses, conduct audits, pursue our legitimate business purposes, enforce our agreements and comply with applicable law.

7.3. Keeping your personal information secure

Our products and services use a private network to connect directly to our cloud platform for the transmission of data. We regularly conduct independent security testing, and our policies and procedures are aligned to internationally accepted control objectives and practices for security. Please be aware, however, that no method of transmitting data over the Internet or storing data is completely secure. Accordingly, ASM Ltd cannot guarantee the absolute security of any personal information.

7.4. Third party services

Our websites and applications may contain links to websites and services operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained. We have no control over the privacy practices of, or any content on, those linked websites and services, and we are not responsible for those websites and services. The privacy policies that apply to those other websites and services may differ substantially from our Policy, so we encourage you to read them before using those websites. Visiting these other websites and services is at your own risk.

8. Your choices

8.1. You can access and correct your personal information

If we hold personal information about you, you can request access to such personal information. Before processing your request, we may contact you to verify your identity and to advise you of any charges that may apply. If you think that any personal information, we hold of you is wrong, contact us – we will check the information and, if we agree it is wrong, we will take reasonable steps to ensure that it is corrected.

Sometimes, we may not be able to provide you with access to all your personal information. Where this is the case, we will tell you why.

8.2. Opting out

• General. You may have the right to opt out of certain uses of your personal information. If you choose to opt out, we may be unable to supply our products and services to you. ‍
• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the products and services you have requested. We may also send you certain non-promotional communications regarding us and our products and services, and you will not be able to opt out of those communications (e.g. communications regarding a change to our service or updates to this Policy). ‍
• Mobile Devices. We or our third-party providers may send you push notifications through the ASM Ltd mobile applications. With your consent, we may also collect geo- location information when you use ASM Ltd mobile application. You may be able to opt-out of this collection by changing the settings on your mobile device, however this could impact on our ability to supply you with services. ‍
• Cookies and Personalized Advertising. If you would like to opt-out of the Cookies and other similar tracking technologies we use, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. Please note you must separately opt out in each browser and on each device.
• “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to, or honor, DNT signals or similar mechanisms transmitted by web browsers.

8.3. The complaints process

If you think we have breached the relevant privacy legislation or regulations, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period.

Last updated: August 2025

A. INTRODUCTION

Active Safety Management Limited – herein referred to as ASM - provides Hardware and related Commercial Services and Applications for the purposes of providing a safety control system to monitor and manage personnel interactions around mobile machinery in real time, and to differentiate interactions between humans, machines and objects.  These Terms explain ASM’s obligations in the provision of the Hard7ware, Services and Applications and your obligations as the Customer.

ASM Services require you to have Hardware installed in your assets or vehicles. In this instance, you will rent the Hardware and access Services in a bundle from ASM, for a monthly fee.

Charges for hardware installation may be charged at the time of installation and considered separate from the monthly fee. Additional Services may be made available to you for a fee, for access to mobile device applications (apps).

B. AGREEMENT STRUCTURE

The ASM Agreement is made up of the following:

1. these Terms, which contain general provisions that apply to all Hardware and Services provided to you under the Sales and Services Agreement. NOTE: these Terms may change from time to time in accordance with clause 11.6.  for the most up to date version, always refer to our website.
2. a Sales and Services Agreement, which is each agreed quote that describes the Hardware and Services we will provide to you

On signing a copy of the Sales and Services Agreement or having ASM Hardware installed in your assets or vehicle(s), or by accessing our Services, you accept and agree to be bound by the Agreement.

C. IMPORTANT

It is important that you read the Agreement in full prior to using ASM Hardware or Services, but some points we want to bring to your specific attention are:

1. Minimum Term – our Services are subject to a Minimum Contract Term which is specified in the Sales and Services Agreement. If you want to return any Hardware or stop using the Services after the Commencement Date but before the end of the Minimum Contract Term, you can, but you must return the relevant rented Hardware and pay the associated Early Termination Fees. We explain this in more detail in clause 4.9‍
2. Renewal – unless communicated otherwise, at the end of the Minimum Contract Term specified in the Sales and Services Agreement, the Agreement will automatically be renewed for a successive 12-month period. Each subsequent Renewal Term is treated as a new Minimum Contract Term.  ‍
3. Privacy –We collect Data and use this information to continually improve and provide you innovative products and services tailored to your needs. If you want to know more about how we collect, use, store, disclose and protect personal information.   ‍
4. Hardware is not transferable – this Agreement is between you and us. If you sell or otherwise dispose of your assets / vehicle(s) you will still be responsible for meeting your obligations under this Agreement for the Hardware unit(s) (and the associated Services) installed in the sold or otherwise disposed of vehicle(s), unless we agree otherwise in writing. Eg where the asset / vehicle is sold with the hardware installed and the new owner takes over your contract, the contract will transfer to the new owner for the remainder of the contract Term, on signature by the new owner. This means that you (not the new owner) are responsible for continuing to pay us any applicable Fees, for the duration of your contract term, or until such time as the new Contract is concluded.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions. In these Terms:

Accessory means any accessory supplied by ASM to the Customer during the term of the Agreement for use with the Hardware or Services.

Accessory Price means, where applicable, the price for the purchase of any Accessories, as set out in any Purchase Order or as otherwise described by us.

Additional Fees means the ancillary fees for the provision of Hardware, Accessories and Services including, but not limited to, Hardware and Accessory installation and deinstallation fees and travel costs, credit card fees, dishonour fees, and fees for any Accessories necessary for the installation of Hardware.

Agreement means these Terms, a Sales and Services Agreement and, where applicable, an End User License Agreement, as may be renewed or amended from time to time.

Alleged Breach has the meaning described in    4.9.

Application means any software program developed or made available by ASM, or a Third-Party Provider, for download by the Customer for use on a portable smart device.

Authorized User means any person (including any employee, agent or contractor of the Customer):

1. given access to the Services by the Customer; or
2. to whom the Customer wishes to give access to Data and;
3. from or about whom Data is collected for the purpose of these Terms.

Bank Instrument means a commitment in writing issued by a reputable bank to pay a particular sum of money to ASM on behalf of the Customer on demand by ASM

Bond means, where required by ASM, an amount equal to the combined first six months’ Fees.

Charges have the meaning given in clause 4.6.

Commencement Date means the earlier of the date that the:

1. Agreement is signed by the Customer.
2. Hardware is installed or
3. Services are first accessed by the Customer or an Authorized User.

CPI means the consumer price index annual inflation rate, or such amended or replacement index, as published quarterly by Statistics New Zealand.

Data means all information:

1. inputted into the Services by the Customer.
2. automatically generated or collected by:
3. an application or a website used by the Customer, Authorized Users, or anyone else for whom the Customer is responsible; or
4. the Hardware which has been installed into the Customer’s asset /vehicle.
5. that the Customer supplies, or consents to a third-party supplying, to ASM; and includes Personal Information.

Early Termination Fee has the meaning given in clause 4.9.

End User Licence Agreement means an agreement that applies where the Customer, or the Customer’s employee, agent, or contractor, or ASM on behalf of the Customer, downloads or uses Third Party Provider’s Application, Website, Software or

ASM/ we/ our/ us means Active Safety Management located at: 96 The Boulevard, Te Rapa Park, Hamilton 3200, New Zealand

ASM Approved Installer means a third-party installer approved by ASM to install the Hardware.

Fees means:

1. the bundled fees charged by ASM to the Customer for renting the Hardware and accessing the Services.

and which are stated in the Sales and Services Agreement or referenced in the invoices issued by ASM or an authorized agent and may include Additional Fees.

Force Majeure Event means an act of God, strike, lockout, war (declared or undeclared), blockade, act of a public enemy, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental restraint, riot, civil commotion, expropriation, prohibition, intervention or embargo, industrial conditions, electrical, telecommunications, or other utility or network failures, or other event which is not within the control of the affected party, but excludes:

1. any event which the party affected could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost; or
2. a lack of funds for any reason.

GST means any goods and services tax imposed by the GST Law.

GST Law means the Goods and Services Tax Act 1985 as amended or replaced from time to time, and any associated legislation and regulations to the extent they relate to the taxation of goods and services in New Zealand.

Guarantee means a guarantee signed by the Customer’s director or third party stating that the guarantor agrees to meet all the Customer’s financial obligations under this Agreement in the event the Customer breaches these Terms.

Hardware means each piece of hardware supplied by ASM to the Customer during the term of the Agreement for use with the Services, and includes hardware manufactured by a Third-Party Provider.

Intellectual Property Rights means rights to patents, trademarks, service marks, trade names, inventions, trade secrets, copyright, moral rights, design rights, look and feel, expertise and any other similar rights.

Interest Rate means, in respect of any rate of interest to be calculated pursuant to this Agreement, the Bank of New Zealand business overdraft base interest plus 3% per annum, calculated daily.

If for any reason this interest rate exceeds the maximum interest rate permitted by law, then the interest rate shall be the maximum rate that is permitted by law.

Minimum Contract Term means the minimum number of months, either:

1. specified in the Sales and Services Agreement; or
2. as part of any Renewal during which the Customer will continue to receive Hardware and the associated Services.

Newly Created Intellectual Property rights mean all Intellectual Property Rights created because of or in connection with the provision of our Services, Applications, Website, Software and Hardware, which may include the provision of associated documentation (including, but not limited to instructions, information, plans, or diagrams).

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, which is received by you as a consequence of, or otherwise in connection with, this Agreement.

Privacy Act means the Privacy Act 2020, as amended or replaced from time to time.

Privacy Law means all legislation, principles, industry codes, and policies, as amended or replaced from time to time, which relate to the collection, use, disclosure, storage or granting of access rights to Personal Information, and includes the Privacy Act.

Renewal Term has the meaning given in clause 8.1(b).

Sales and Services Agreement means each order signed by you, which describes the Hardware and Services we will provide to you, as well as the Minimum Contract Term, Price and Fees that apply to the Hardware and Services.

Secured Property has the meaning given in clause 5.3.

Services means the services provided by ASM and accessed by Customer via the Applications, Website or Hardware and includes services made available by a Third-Party Provider.

Software means any software embedded in Applications, the web-based information management software made available on the Website, and software used in connection with, or embedded on, the Hardware.

Terms means the terms and conditions set out in clauses 1 to 11.

the Customer/ you/ your means the ASM customer identified in the Agreement.

Third Party Provider means any third party that is a manufacturer, supplier, or owner of the Intellectual Property rights in the Hardware, Software, Applications, Website or Services and that ASM has a supply arrangement with.

Usage Charge means Fees you incur for certain Hardware and Services based on your actual use of the Hardware or Service within a billing period rather than on a fixed recurring basis.  

Asset / Vehicle means a vehicle, mobile machinery or equipment owned, leased or under the control of the Customer into which the Hardware and Accessories are, or will be, installed.

Website means any website operated by ASM or by a Third-Party Provider.

1.2. Interpretation:

1. section, clause, and other headings are for ease of reference only.
2. the word person includes a corporation.
3. words importing the singular include the plural and vice versa.
4. a word derived from a defined term has a meaning that corresponds with that defined term; and
5. reference to the “term of the Agreement” or the “term of this Agreement”, includes the Minimum Contract Term and any Renewal Term.

1.3. Precedence. In the event of conflict or inconsistency between any parts of the Agreement, then, to the extent of the conflict or inconsistency, unless agreed in writing elsewhere, the following order of precedence shall apply (in descending order of priority):

1. these Terms.
2. an End User Licence Agreement; and
3. a Sales and Services Agreement.

1.4. Hardware. Subject to you meeting your obligations under the Agreement, when we provide Hardware to you, we provide warranties in accordance with clause 9.1.

1.5. Services. Subject to clause 4.1, we will supply Services to you solely for your own internal business use during the term of this Agreement. We also make the following commitments to you:

1. We will provide Services to you with reasonable care and skill. However, while we intend to make the Services available 24 hours a day, 365 days a year, we cannot guarantee that the Services will be continuous, fault free or available at any location because:
2. the Services may be unavailable at times due to maintenance, repairs, upgrades or modifications to Services. Where such interruptions are scheduled, we will use reasonable efforts to provide advance notice and try and keep such unavailability to a minimum; and
3. the Services depend on availability and proper performance of third-party systems and networks, such as computer networks, mobile networks and the Internet, as outlined in clause 2.
4. We will provide the Services in accordance with the warranties set out in clause 9.2.

1.6. Customer Support. We provide several self-service customer support channels which are detailed on the Website. You agree to use these self-service customer support channels as a way of initially diagnosing and resolving concerns you have with ASM’s Hardware or Services. If you are unable to resolve your concerns via these channels, you can contact ASM. ASM or a third party (installer) engaged by us will provide a reasonable level of advice by remote means on how to remedy any problem with the Services and Hardware.

1.7. Changes to Hardware, Accessories and Services. ASM reserves the right to make changes to the Hardware, any Accessories and/or Services without notice and without incurring any obligation to you, provided that any such change does not, in our reasonable opinion, materially diminish the functionality of the Hardware, Accessories and/or Services, as applicable.

2. NETWORK DEPENDENCIES

2.1. The ASM solution utilizes both GPS and Cellular technologies

GPS Networks. A combined GPS and cellular dome antenna receive signals from Global Positioning Satellites (GPS Networks) and use cellular telephone technology as the transmission mode for sending signals to ASM. ASM has contracted with one or more wireless carriers (Wireless Carriers) to provide data transmission services for the Hardware units over a cellular telephone network.

2.2. Signal Interruption. You acknowledge that it is improbable that GPS Networks or Wireless Carriers will always have 100% coverage in any area due to many conditions, including:

1. wireless transmission range and capacity limitations and cellular telephone network capacity limitations.
2. atmospheric, terrain and geographic conditions.
3. other natural or artificial environment conditions or events beyond ASM control.
4. government regulations or limitations.
5. restrictions by the Wireless Carriers (for example, inter-carrier roaming agreements).
6. usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities for the cellular telephone network.
7. absence of a clear line of sight between the Hardware and the GPS Networks.
8. electrical storms, power failures, interruption or unavailability of telephone service, cellular and radio frequency; and
9. strikes, riots, floods, fires or acts of God,

and ASM will not be liable to you, to the extent permitted by law, for loss of functionality of the Services caused by the signals to and from any hardware unit being temporarily refused, interrupted, curtailed, limited or discounted for reasons beyond ASM’s control (including the reasons in paragraphs (a) to (i) above).

EROAD will only be liable for loss of functionality of the Services caused by, or within the control of EROAD, its officers, employees, agents or subcontractors.

2.3. No Failsafe Performance. You acknowledge and agree that the Hardware, Accessories and Services may not be fault tolerant.

2.4. No Third-Party Relationships. You acknowledge and agree that you are not a third-party beneficiary of any agreement between ASM and the Wireless Carrier (or, where applicable, an agreement between a Third-Party Provider and the Wireless Carrier)

3. THE CUSTOMER’s RESPONSIBILITIES

3.1. Installation of Hardware. You agree that installations will be undertaken by ASM accredited installers. You further agree that ASM is not liable for any improper installation that is undertaken by someone other than a ASM Approved Installer. Hardware and Accessory installation may require necessary modifications (including drilling screw holes and rewiring). We will not be responsible for any damage caused to any Vehicle and will not be required to restore any Vehicle to its pre-installation condition if the Hardware and Accessories are removed.

3.2. Care of Hardware. You agree to look after all Hardware and Accessories and to pay for any repair or replacement if it is: (i) damaged while in your possession or control; or (ii) you do not return it to us at the expiry of the Minimum Contract Term or Renewal Term (as applicable), or upon termination. However, you will not be liable for fair wear and tear, or damage caused by us or anyone acting on our behalf. You are required to, without limitation:

1. advise us as soon as you become aware of any Hardware or Accessory malfunction.
2. where we provide you with an ASM Approved Installer, agree with us when and where the installation will take place and make the Assets / Vehicle(s) available at such agreed time and location.
3. where we provide you with an ASM Approved installer and you do not make your Assets/Vehicle(s) available at the agreed time in location (as described in cl3.2(b) above), you will be liable to pay a fee equal to the cost of installation of those Assets/Vehicle(s).
4. keep the Hardware and Accessories installed in the Assets /Vehicle(s) in which they were first installed and not transfer the possession of the Hardware and/or Accessories (including by transferring the Hardware and Accessories to another Vehicle without our prior written approval.
5. on request, make the Hardware and Accessories available to ASM or a Third-Party Provider for inspection, repair and replacement.
6. not alter, repair or recalibrate the Hardware or Accessories.
7. protect Hardware and Accessories’ risk of loss or damage. You agree to insure the Hardware and Accessories against theft, loss, damage or accidents to its full replacement value; and
8. notify us immediately of any loss, theft or damage to Hardware or Accessories.

3.3. Proper Use. You will:

1. use the Hardware, Accessories, Software, Services, Applications and Website for their intended purposes and in accordance with our directions.
2. not tamper, modify, copy, adapt, disassemble, decompile, make derivative works from or reverse engineer the Hardware, Accessories or Software.
3. not use the Hardware, Accessories, Software, Services Applications or Website for any illegal or offensive act.
4. not undermine the security and integrity of ASM’s computer systems or networks or Services.
5. not use the Services in any way that may impair the functionality of the Services, Software, Applications or Website.
6. not attempt to gain unauthorised access to any materials other than those made available to you by ASM or, where applicable, a Third-Party Provider.
7. notify us of any improper or illegal use of the Software, Services, Hardware, Applications or Website.
8. comply with our directions regarding use of the Software, Services, Hardware, Accessories or Website; and
9. be responsible for Authorised Users’ use of the Hardware, Accessories, Software, Application, Website and Services and ensure Authorised Users abide strictly with all applicable laws.

3.4. Security. You will:

1. keep secure and confidential all passwords used by you and your Authorised Users in connection with the Services.
2. notify ASM of any unauthorised use of your or your Authorised Users’ passwords, unauthorised possession of or access to the Hardware or Services or any other breach of security.
3. not knowingly allow the Hardware, Accessories, Services or Applications to be affected by any virus, worms or any destructive media.
4. be solely responsible for anyone who accesses or uses the Hardware, Accessories, Services and Applications, whether authorised by you or not.
5. be responsible for granting proper authorisation to Authorised Users; and
6. be solely responsible for everything that Authorised Users do when using the Services or Hardware and Accessories.

3.5. Compliance. You remain solely responsible for complying, and ensuring that all Authorised Users comply, with all applicable laws, rules and regulations, including without limitation those relating to installation of Hardware and Accessories, operation of the Asset /Vehicle and codes of safe driving, use of the Hardware, Accessories and Services, and any privacy and disclosure laws. You acknowledge and agree that:

1. we are not in the business of providing professional advice and you are therefore responsible for verifying any information given by us before relying on or making use of it.

3.6. Consents. You are solely responsible for obtaining all necessary informed consents from Authorised Users and any other person who accesses or uses the Hardware, Accessories and Services for ASM’s collection, storage, use and sharing of Data in accordance with these Terms and the Privacy Policy.

3.7. End User Licence Agreements. Where we activate, download, install, set up and/or configure a Third-Party Provider’s Application, Website, Software or Services onto Hardware provided to you pursuant to this Agreement, you authorise ASM to accept the associated EULA on your behalf.

3.8. Alleged Breaches. If you consider that we have breached: any of these Terms, or the terms of any Service Order or agreement we have with you (“Alleged Breach”), then (whether the Alleged Breach is a material breach or not):

1. you will, within 7 working days of the Alleged Breach, advise ASM in writing of circumstances you consider amounts to a breach; and
2. we shall have 20 working days to investigate and determine whether a breach has occurred. If we, acting reasonably, determine the Alleged Breach is a breach of the relevant terms, we will advise you in writing of our proposed solution to rectify that breach; and
3. if you do not accept our proposed solution, you will advise us in writing of the reasons you do not agree to the proposed solution and provide us with your written proposed alternative solutions for discussion with us; and
4. no Alleged Breach by us shall be determined to be a breach other than in accordance with this clause; and any right you have to impose any penalty or to terminate any agreement with us due to any breach or material breach will not apply if you have not followed the steps you are required to follow as set out in this clause 3.8 in respect of any Alleged Breach.

4. CHARGES, HARDWARE PRICE, FEES AND PAYMENT

4.1. Credit Approval. We rely on you to be able to pay your invoices on time. In some cases, you may need to provide a Guarantee or a Bank Instrument as security for paying future charges or pay a Bond. We may also obtain, or require a third party to perform, credit checks. You authorise us to obtain or require a third party to perform credit checks at any time on you (including your directors) or on your guarantor(s) or both. You warrant that you have authority of your directors and guarantor(s) to provide their details to us for the purposes of performing credit checks. You will supply complete, accurate information for the purposes of any credit check. We may refuse to provide Hardware, Accessories or Services as the result of a negative credit history. If we refuse to supply Hardware, Accessories or Services, we will refund the unused portion of any prepaid Fees.

4.2. Bond or Bank Instrument. Where we require you to pay a Bond or provide a Bank Instrument, the Bond or Bank Instrument must be paid or provided (as applicable) to ASM within 7 days of the request. Payment of the Bond or provision of the Bank Instrument does not discharge your obligation to pay any Fees that are due. ASM may draw down on the Bond or make a demand under the Bank Instrument at any stage for any breach of the Agreement, including where you fail or refuse to pay the Fees or you damage the Hardware or Accessories. Failure to pay the Bond or provide the Bank Instrument when requested is a material breach of the Agreement.

4.3. Our Fees. You will pay all our Fees and any Additional Fees in relation to installation of Hardware and Accessories, renting the Hardware and accessing the Fees will be detailed in the Sales and Services Agreement. If any Fees have not been detailed the charge will be at our standard price for such Hardware rental and Services access, or at such rate as otherwise advised by us from time to time. You will also pay Additional Fees as advised by us from time to time, for example travel costs in relation to installation or repair of Hardware and freight charges.

4.4. Reimbursement. You will reimburse us for any costs incurred by us in providing support services where we determine that those support services do not form part of the Services, including, but not limited to, in relation to any third-party product or Hardware or Accessory and/or Services provided to you as part of a pilot.

4.5. Commencement of Invoicing and Minimum Contract Term.

4.5.1 We may begin invoicing you for Additional Fees (such as installation fees) on and from the Commencement Date.

The Minimum Contract Term and invoicing will commence for the Hardware, Accessories and Services at the earlier of:  

(a) 1st of the month 30 days after installation of the first hardware units, or

(b) the date Services are first made available to you.

4.5.2 Invoicing and Payment. Invoices will contain:

(a) the monthly Fees for the use of the Hardware and Services.

(b) initial installation charges.

(c) any Additional Fees.

All invoices are payable within 14 days of the invoice being issued. You must pay the invoice in the manner specified in the invoice.

4.6. Disputed Charges. If you wish to dispute any item or part of an item in a tax invoice issued by ASM (Charges), you must notify us within 2 months of the date of the relevant invoice. Should you fail to notify us of the dispute within this period you will not be entitled to dispute the Charge or make any claims against
us in relation to the disputed Charge.  

If we agree there is a mistake in your charges, we will adjust your next invoice OR, if appropriate, provide a refund. If we find, there is no mistake we will provide you with the reason for our decision in writing and, if the due date for payment has already passed, you must pay the amount outstanding within 7 days of us issuing the decision.

4.7. Late Payment. All Charges which are:

1. not subject to a genuine dispute but remain unpaid 14 days after the due date for payment: or
2. disputed under clause 4.7, but which we have determined do not contain an error, that remains unpaid 7 days after the date of our notice to you under clause 4.7,

are subject to interest charged at the Interest Rate monthly from the due date for payment until the date on which you make payment in full to us. In addition to such interest, we may appoint an agent to collect any overdue Charges. You agree to pay any costs that are incurred by such agents and by us in recovering the money you owe or in exercising any other rights, including recovery of commissions and legal costs on a solicitor and client basis. If you fail to pay any undisputed Charges 30 days after the due date for payment, you will be in material breach of this Agreement. These remedies are without prejudice to any of ASM’s other remedies under the Agreement or otherwise.

Recovery of Hardware Price. Where you rent the Hardware from us and clause 4.8 applies and we appoint an agent to collect any overdue Charges, we may (in our sole discretion): charge you for the full Hardware Price instead of the ongoing rental fee for the Hardware. When this applies, the Hardware Price will be added to any overdue Charges owed by you.

4.8. Early Termination Fees. If the Agreement is terminated, or you cease renting the Hardware or stop accessing the Services, on or after the Commencement Date but before the conclusion of the Minimum Contract Term, then you must pay ASM an Early Termination Fee for the Hardware and the associated Services. The Early Termination Fee is an amount equal to the total amount of Fees that would have been payable by you for the Hardware and the associated Services specified in the Sales and Services Agreement for the remainder of the Minimum Contract Term had the Agreement not been terminated or had you not ceased renting the Hardware or accessing the Services.

4.9. Fee Review. Notwithstanding by giving at least 30 days’ notice, ASM may increase the Fees once per annum (but not during the first 12 month period after the Commencement Date), provided that the percentage increase of any such increase does not exceed the percentage increase in the current CPI,  If you terminate this Agreement in response to ASM increasing Fees in accordance with this clause, you will be liable for Early Termination Fees as described in clause 4.10.

4.10. Set Off. Any credits, allowances or other amounts payable or creditable by us to you will be subject to set off against any claims or other amounts owed by you to us.

4.11. Upgrades. If you request to rent additional Hardware, Accessories or Services, or require us to provide you with new Hardware, Accessories or Services released or developed by us, you must complete a new Sales and Services Agreement or order and additional charges, and a Minimum Contract Term will apply. We may charge reasonable fees in respect of the installation and ongoing Fees for upgraded Hardware, Accessories and/or Services.

4.12. GST.

1. If GST is payable on a supply made under or in connection with this Agreement, the party providing the consideration for that supply must pay as additional consideration an amount equal to the amount of GST payable on that supply.
2. Unless otherwise stated, all amounts referred to in this Agreement, including the Fees, are stated on a GST exclusive basis.  
3. If an adjustment event occurs in relation to a supply made under or in connection with this Agreement, the GST payable on that supply will be recalculated to reflect that adjustment and an appropriate payment will be made between the parties.
4. In providing an invoice in accordance with clauses 4.5 and 4.6, a party shall provide proper tax invoices if GST is applicable to the Fees.

5. PROPERTY RIGHTS

5.1. Passing of Risk. Unless otherwise agreed in writing between us, risk of any loss of, or damage to, Hardware or Accessories will pass to you upon the earlier of delivery to your premises, or to a mutually acceptable third party’s address, or receipt by you. If any Hardware or Accessories are lost, stolen or damaged whilst in your Assets /Vehicle(s) or whilst in your control you will pay the cost of repairing or replacing the Hardware and Accessories, except where the loss, theft or damage was caused by us.

5.2. Title. You agree that:

1. We will retain ownership of any Hardware you rent.

5.3. Personal Property Security Register. You:

1. acknowledge that these Terms constitute a security agreement for the purposes of sections 16 and 36 of the Personal Properties Securities Act 1999.
2. acknowledge that a security interest exists in the Hardware supplied to you under these Terms.
3. grant a security interest to ASM in the Hardware rented by you, will provide all information and do all things that we may require to ensure that ASM has a perfected security interest in respect of the Secured Property under the PPSA; and
4. waive your right to receive a verification statement and a requirement for ASM to keep the secured party informed of any change of name or address.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. ASM Ownership. The Intellectual Property Rights in the Services, Applications, Website, Software, Hardware and Accessories are owned by, or are licensed to, ASM. Subject to clause 6.2, any Newly Created Intellectual Property Rights as defined in this Agreement are owned by us, unless specified otherwise in this Agreement.

6.2. Newly Created Intellectual Property Rights. If the parties agree in writing that Newly Created Intellectual Property Rights (or any portion of Newly Created Intellectual Property Rights) will be retained by you, this shall only apply to the extent that:

1. You have engaged us specifically to develop or create the Newly Created Intellectual Property Right: and
2. the development or creation of the Newly Created Intellectual Property Right has been specifically commissioned by you; and
3. Clear parameters have been described in a separate written agreement executed by both/all parties specifically for that purpose; and
4. You have fully paid all agreed costs and fees set out in the written agreement described in clause 6.2(c) above; and
5. No other Intellectual Property Rights shall be retained by you; and
6. Your retention of the specific Newly Created Intellectual Property Right/s does not impact our ability to utilise any other Newly Created Intellectual Property Rights for our benefit, including in relation to our other customers; and
7. You grant us a perpetual, irrevocable, world-wide, exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, distribute, perform, display, commercialise, and otherwise exploit such Newly Created Intellectual Property Right/s in connection with our business, including incorporation into our products and services for the benefit of our other customers and third parties; and
8. Your retention of the Newly Created Intellectual Property Rights does not affect ASM’s rights in relation to the existing Intellectual Property Rights, which will continue to fully remain EROAD’s property.

6.3. No Copying. You will not reproduce, translate, adapt, reverse engineer, make derivative works from or modify any component of or documentation relating to the Website, Applications, Hardware, Accessories, Software or the Services.

6.4. Trademarks. You have no right to use ASM’s trademarks, unless you are granted in writing a limited, non-exclusive license to reproduce ASM’s trademarks in marketing materials in accordance with ASM’s guidelines.

6.5. Infringement. ASM will defend or settle, at ASM’s sole cost, any claim that the Hardware, Accessories, Software, Applications, Website or Services infringe any other person’s Intellectual Property Rights, provided that (1) ASM has full control of the conduct of the defence or settlement; and (2) the claim does not arise from a breach by you of any of these Terms or the Agreement.

7. DATA, CONFIDENTIALITY AND PRIVACY

7.1. Data. During your relationship with us we, or a Third-Party Provider, may collect, create and generate Data. During the term of this Agreement and subject to you meeting your obligations under this Agreement, we authorise you to access Data made available through the Services. We will use reasonable commercial endeavours to maintain a back-up of Data.  

7.2. Use and Disclosure of Data. We may:

1. hold the Data and share it with our employees, Affiliates, other agents and service providers approved by us but only to the extent necessary to enable us to offer or provide you the Services, send you invoices, check that your responsibilities are being met, or otherwise to administer and enforce the Agreement.
2. be legally required to share Data with law enforcement agencies.
3. share Data to the extent appropriate with credit reference and debt collection agencies.
4. use, copy, modify, store, disclose and communicate the Data to the extent necessary to enable you to use the Services.
5. disclose Data to third parties where you access, use or purchase third party products or services in connection with the Hardware or Services; and

7.3. Anonymous Data. Subject to any Personal Information having been removed, ASM may aggregate the Data with other data for ASM internal purposes, reporting industry-specific statistics and trends, reporting to an Organisation or for sharing with third parties. We may receive consideration from third parties for such services.  

7.4. Privacy Policy. We maintain a Privacy Policy that sets out the parties’ obligations in respect of personal information and Data. We encourage you to read that policy. The Privacy Policy forms part of the Agreement.  

7.5. Confidentiality.

(a) We will:

(i) keep the Data confidential until the Data is in the public domain through no fault of ASM; and not disclose or use or otherwise deal with the Data, except as permitted by these Terms, the Privacy Policy or as otherwise required by law.

(b) You will, always:

(i) keep all terms, pricing and details of any agreement between us confidential; and

(ii) keep all commercially sensitive information we disclose to you for any reason confidential, including, but not limited to, in relation to: any tender or offer by us to supply you with the Hardware, Accessories, and Services, or any information or documents uploaded by us onto any Application or online platform, and  your obligation to keep such information confidential continues after termination or completion of any agreement between us.

7.6. Privacy. You:

(a) must comply with ASM Privacy Policy, the Privacy Act (as though you were subject to the Privacy Act) and any additional Privacy Law by which you are bound.

(b) must, both during and after the term of the Agreement:

1. take all reasonable steps to ensure that Personal Information is protected against misuse and loss, or unauthorised use, access or disclosure, including by not disclosing any Personal Information to a third party without authorisation.
2. not do anything which may cause ASM to breach any Privacy Law; and
3. if requested by ASM, co-operate with ASM to resolve any complaint or investigation under any Privacy Law, and provide other reasonable assistance.

(c) acknowledge that ASM may provide the services under the Agreement, from any locations, or using contractors, worldwide; and

(d) agree to provide any information, and to obtain any consents, relevant to its use of the ASM Hardware or Software, including those in relation to collection, use, disclosure and storage of Personal Information of any individual whose Personal Information may be included in the Data.

8. TERM AND TERMINATION

8.1 Term and Renewal. Subject to clauses 8.2 and 8.3:

1. you agree to rent the Hardware and acquire the Services specified in the Sales and Services Agreement from the Commencement Date until expiry of the Minimum Contract Term.
2. Once the Minimum Contract Term expires, this Agreement will automatically renew for successive 12 months periods (each a Renewal Term), unless, at least 30 days prior to the end of the Minimum Contract Term or current Renewal Term, either party gives the other written notice of intention not to renew the Agreement. Fees may change in the Renewal Term in accordance with clause 4.11.

8.2 Termination by Us. We may suspend, reduce or terminate the Services or rental of the Hardware if:

1. you breach the Agreement and either (i) fail to remedy the breach within 10 days of receiving notice of the breach from us, or (ii) the breach is not capable of being remedied.
2. you become insolvent or makes an assignment for the benefit of creditors.
3. we refuse to provide Hardware or Services to you pursuant to clause 3.1; or
4. we are no longer able to provide the Services because of a loss of any relevant and necessary certification; or
5. at any time by giving, you 60 days’ notice in writing. If we suspend, reduce or terminate the Agreement in accordance with this clause 8.2(e) prior to the expiry of the Minimum Contract Term, you will not be liable to pay Early Termination Fees, unless you have materially breached this Agreement.

8.3. Termination by You. You may terminate this Agreement:

6. at any time by giving us 30 days’ notice in writing. Except for our material breach, if you terminate the Agreement prior to the expiry of the Minimum Contract Term, you will be liable to pay Early Termination Fees as set out in clause 4.9; or
7. in the event we become insolvent or make an assignment for the benefit of creditors.

8.4 Effect of Termination. On termination of the Services or rental of the Hardware:

8. we will cease providing and you will cease using the Services.
9. you will remain liable for payment of all Hardware Prices, Accessory Prices, Fees due at the time of termination and, subject to clauses 8.2(e) and 8.3(a), if terminated during the Minimum Contract Term, the Early Termination Fee;
10. you will be responsible for removal and return of the Hardware to:
11. ASM at your cost in good working order (fair wear and tear excepted) within 14 days of notifying ASM of termination. Subject to clause 4.9, you will be liable for our fees for the rental of Hardware and billing for Hardware Fees will continue until the later of: (i) the expiry of the Minimum Contract Term or Renewal Term (if applicable); or (ii) Hardware being returned to us in good condition  
12. we will, subject to any applicable laws, store Data for as long as necessary to fulfil the purpose(s) for which it was collected, including to support our products and services we offer, resolve disputes, establish legal defences, conduct audits, pursue our legitimate business purposes, enforce our agreements and comply with applicable law. Provided the data is available, you may request, for a fee, extraction of Data. We will use commercially reasonable efforts to extract the requested Data, but we disclaim any guarantee of availability or preservation of such Data.

9. WARRANTIES

9.1. Hardware Warranty. We warrant that:

1. Hardware will be free from material defects (fair wear and tear excepted) for the duration of the Minimum Contract Term
2. any Accessories supplied by us to you for the installation of the Hardware, we will provide a warranty against material defects (fair wear and tear excepted) for one year from the date of supply to you.

9.2. Services Warranty. We warrant that:

1. we have the authority to make Services available to you.
2. we will supply the Services using all reasonable care and skill and in a competent and professional manner.

9.3. Warranty Exclusions. The warranty in clauses 9.1 and 9.2 will not apply if:

1. the Hardware or Accessories have been improperly installed by any person that is not an ASM Approved Installer.
2. the Hardware or Accessories have been altered by you or any other unauthorised person.
3. the Hardware or Accessories have been subjected to abuse, misuse, neglect, or accident; or
4. you are in breach of clause 3.3.

9.4. Third Party Provider Warranties. We will also pass on the full benefit of any warranty you are eligible for in respect of Hardware, Accessories and Services manufactured or supplied by a Third-Party Provider but purchased from us.

10. INDEMNITY AND LIABILITY

10.1. Other Warranties Excluded. All our products and services are provided “as is”. Except for the warranties, representations and commitments set out in this Agreement and any warranties that may not lawfully be excluded, ASM expressly disclaims all representations, commitments and warranties (statutory, express or implied), including all warranties of merchantability, fitness for a particular purpose, accuracy of the Hardware, Accessories, Services or Applications, non-infringement and against hidden defects.

10.2. No Liability. To the maximum extent permitted by law, neither party will be liable to the other in contract, tort (including negligence), under statute, or otherwise, for:

1. any breach of this Agreement to the extent that the breach is attributable to the default, negligence, misconduct or breach of the other party, its employees or agents; or
2. any loss of profits, revenue, or opportunities, or any indirect, special, punitive or consequential loss or damage, or for any loss of Data or information resulting, directly or indirectly, from any use of, or reliance on, the Hardware, Accessories, Services, Software, Website or Applications.

10.3. Indemnity. To the extent permitted by law, you will indemnify ASM from and against any direct and reasonable claims, damages, penalties, expenses or costs (including lawyer fees on a solicitor client basis), arising from (1) your unauthorised use of or access to the Hardware, Accessories, Software or Services; (2) your intentional breach of the Agreement or wilful omission by you or Authorised Users; (3) a third party claim: (i) relating to our refusal to provide any person access to Data; or that we have breached any applicable Privacy Laws which is due to your failure to comply with these Terms; and (4) a third party claim that, due to your (or anyone for whom you are responsible) negligence or wilful misconduct or unauthorised use of Hardware or Accessories, ASM Hardware or Accessories caused bodily injury, death or physical damage to the property of any person.  

10.4. Remedies. If you make a warranty claim under clause 9.1 or 9.2, but subject to the exclusions set out in clause 9.3, your sole and exclusive remedies are as follows:

1. During the warranty period we will, at our sole discretion, repair or replace any defective Hardware or Accessories. Where the Hardware is rented by you and is improperly installed by you, altered by you or any other unauthorised person, or is subjected to abuse, misuse, neglect, or accident, we may, at our discretion, repair or replace the Hardware and/or Accessories and charge you the cost of repairing or replacing the Hardware and/or Accessories.
2. In relation to the Services, we will use commercially reasonable endeavours to ensure the Services meet the description of the Services set out on the Website; and in respect of the loss of Data, restore the most recent back up of Data.

Your right to make a warranty claim in respect of any defect in, or failure of, any Hardware, Accessories, or Services (or any part of them) is conditional upon you promptly notifying us in writing of the defect or failure and giving us a reasonable opportunity to investigate and remedy any defect or failure relating to such Hardware, Accessories, or Services. We will not be liable under this clause or obligated to perform any tasks under this clause 10.4, if the defect or failure cannot be verified or reproduced by us.

If we reasonably consider it necessary, we will travel to you for any Hardware or Accessory warranty repair or replacement, but we expect you to make your Vehicle available to us for such repair or replacement at an agreed time and in a convenient location.  We may charge you Additional Fees for any travel costs in relation to a warranty repair or replacement.

10.5. Third party products or services. We may agree to supply third party products or services to you or enable or assist you to access, use or purchase third party products or services (including Third Party Provider Hardware or Services). Subject to clause 9.4, we make no representations or warranties, and have no liability or obligations whatsoever, in relation to the condition, fitness for purpose, performance, content or use of any such third-party products or services, including where the product or service is supplied directly by us or our installers.

10.6. Liability Limited to Fees. If, despite clauses 10.2 to 10.5, we are found liable to you for any loss or damage, that liability will not exceed:

1. for any claim or claims relating to Hardware purchased by the Customer, the Hardware Price or the cost of repair or replacement of the Hardware or the defective components (whichever is least); and
2. for any claim or claims relating to Hardware rented by the Customer and/or Services, the Fees actually paid by you to us for the affected Hardware and/or Services in the 12-month period immediately prior to the date liability first arose; and
3. for any claim or claims relating to Accessories purchased by the Customer, the Accessory Price or the cost of repair or replacement of the Accessories or the defective components (whichever is least).

11. GENERAL

11.1. Notices. Any notice to be given under the Agreement must be in writing and may be delivered personally or sent by email to the principal place of business of the intended recipient or to such other address (including email address) as may be notified by either party to the other from time to time. A notice by email will be deemed to be received when transmitted to the correct email address of the recipient. Any other notice will be deemed to be received when left at the recipient’s specified address or on the third day following posting.

11.2. No Assignment. You may not assign any of your rights or obligations under the Agreement to any person without our prior written consent. A change in your ownership or control is deemed to be an assignment or transfer of the Agreement.

11.3. No Agency. Nothing in these Terms will be deemed to constitute either party as the agent, partner or joint venture of the other.

11.4. Entire Agreement. The Agreement constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements, understandings, negotiations, discussions, and commitments, whether written or oral.¹

11.5. No Representation. Each party acknowledges that, except as expressly set out in this Agreement, no representations and warranties about the subject matter of this Agreement have been made by or on behalf of the other party and that it has not relied on any representations or warranties about the subject matter of this Agreement given by or on behalf of the other party.

11.6. Change of Terms. If your Agreement with us meets the definition of a ‘small trade contract’ under the Fair-Trading Act 1986, we can change these Terms:

1. without telling you if we reasonably consider the change is likely to benefit you or have a neutral impact on you.
2. by telling you at least 3 days beforehand if we reasonably consider the change is likely to have a minor detrimental impact on you (e.g. removal of a minor feature to your service); or
3. by telling you at least 30 days beforehand if we reasonably consider that the change has more than a minor detrimental impact on you (e.g. removal of a key feature to your service). You can terminate this Agreement within 30 days of us telling you of such change.

In all other circumstances, we may change these Terms at any time by publishing the updated Terms on our Website. Your continued use of the Services will constitute acceptance of the amended Terms.

11.7. Force Majeure. Notwithstanding anything to the contrary in this Agreement, neither party will be liable for any failure or delay in complying with any obligation under this Agreement (excluding any payment obligation) if:

1. the failure or delay arises directly from a Force Majeure Event; and
2. that party, on becoming aware of the Force Majeure Event, promptly notifies the other party in writing of the nature of, the expected duration of, the obligation(s) affected by, and the steps being taken by that party to mitigate or remedy the Force Majeure Event; and
3. that party uses its reasonable endeavours to mitigate the effects of the Force Majeure Event on that party’s obligations under this Agreement; and
4. that party performs that party’s obligations which are not affected by the Force Majeure Event; and
5. performance of any obligation affected by a Force Majeure Event is resumed as soon as practicable after the end of the Force Majeure Event. However, in event of a Force Majeure Event that persists for ninety (90) days or more, then either party may terminate this Agreement upon written notice to the other party.

11.8. Contracting Out. To the extent permitted by law, where the Hardware, Accessories and Services are acquired in trade by the Customer, being a customer who is in trade, ASM and the Customer agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 and the parties agree that it is fair and reasonable that they be bound by this clause. Further, to the extent permitted by law, ASM and the Customer agree to contract out of sections, 114(1)(a), 120(2), 121, 125, 126, 129 and 131 of the Personal Property Securities Act 1999.  

11.9. Governing Law. These Terms and the Agreement are governed by the laws of New Zealand, and the parties submit to the jurisdiction of the New Zealand courts.