Miimonitor End User License Agreement

END-USER LICENCE AGREEMENT (“EULA”)

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE Mii-monitor APP

This end-user licence agreement is a legal agreement between you (“End-user” or “you”) and Honda Motor Europe Limited (company number 857969) of Cain Road, Bracknell, Berkshire, RG12 1HL, UK (“Honda”, “us” or “we”) for:

The Honda mobile application software known as Mii-monitor including any services which may be accessible via the application, (the “App”).

Honda license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore (“Appstore”) from which the End-user downloaded the App (“Appstore Rules”). Honda do not sell the App to you and Honda remain the owners of the App at all times.

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES AN ANDROID SMARTPHONE OR APPLE SMARTPHONE DEVICE. THE MINIMUM OPERATING SYSTEM VERSION, MEMORY, STORAGE CAPACITY AND SCREEN RESOLUTION OF YOUR DEVICE ARE SUBJECT TO CHANGE.

IMPORTANT NOTICE:

BY DOWNLOADING THE APP YOU AGREE TO THE TERMS OF THIS LICENCE WHICH INCLUDE, THE LIMITATIONS ON LIABILITY IN CONDITION 6.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS AND DELETE THE APP NOW.

You should print a copy of this EULA for future reference.

AGREED TERMS

1. Acknowledgements

1.1 The terms of this EULA apply to the App or any of the services accessible through the App, including any updates or supplements to them, unless they come with separate terms, in which case those terms apply.

1.2 The following open source software is included in the App and, as such, the terms of their respective open-source licences may override some of the terms of this EULA:

Apache License Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0.txt, http://www.apache.org/licenses/)

Adapter: RxJava 2 - https://github.com/square/retrofit

· License Apache: https://github.com/square/retrofit/blob/master/LICENSE.txt

Appcompat - https://github.com/androidx-releases/Appcompat

· License Apache: https://github.com/androidx-releases/Appcompat/blob/master/LICENSE

AutoFitTextView: https://github.com/grantland/android-autofittextview

· License Apache: https://github.com/grantland/android-autofittextview/blob/master/LICENSE.txt

ConstraintLayout: https://github.com/androidx/constraintlayout

· License Apache: https://github.com/androidx/constraintlayout/blob/main/LICENSE

Retrofit - https://github.com/square/retrofit

· License Apache: https://github.com/square/retrofit/blob/master/LICENSE.txt

AndroidX Core - https://github.com/androidx/androidx/tree/androidx-main/core

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

ZXing - https://github.com/zxing/zxing

· License Apache: https://github.com/zxing/zxing/blob/master/LICENSE

Dagger - https://github.com/google/dagger

· License Apache: https://github.com/google/dagger/blob/master/LICENSE.txt

Desugar_jdk_libs – https://github.com/google/desugar_jdk_libs

· License GPL: https://github.com/google/desugar_jdk_libs/blob/master/LICENSE

Firebase - https://github.com/firebase/firebase-android-sdk

· License: https://github.com/firebase/firebase-android-sdk/blob/master/LICENSE

Android Retrosterams - https://github.com/retrostreams/android-retrostreams

· License GPL: https://github.com/retrostreams/android-retrostreams/blob/master/GPL_ClasspathException

AndroidX Legacy - https://developer.android.com/jetpack/androidx/releases/legacy

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Android X Lifecycle – Extensions: https://github.com/androidx/androidx/tree/androidx-main/lifecycle/lifecycle-extensions

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Android X Lifecycle – Live Data: https://github.com/androidx/androidx/tree/androidx-main/lifecycle/lifecycle-livedata

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Android X Lifecycle – ViewModel – SavedState: https://github.com/androidx/androidx/tree/androidx-main/lifecycle/lifecycle-viewmodel-savedstate

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Android X Lifecycle – ViewModel: https://github.com/androidx/androidx/tree/androidx-main/lifecycle/lifecycle-viewmodel

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Logger - https://github.com/orhanobut/logger

· License Apache: https://github.com/orhanobut/logger/blob/master/LICENSE

Logging Interceptor - https://github.com/square/okhttp/tree/master/okhttp-logging-interceptor

· License Apache: https://github.com/square/okhttp/blob/master/LICENSE.txt

Material Calendar View - https://github.com/prolificinteractive/material-calendarview

· License MIT: https://github.com/prolificinteractive/material-calendarview/blob/master/LICENSE

Material Components for Android - https://github.com/material-components/material-components-android

· License Apache: https://github.com/material-components/material-components-android/blob/master/LICENSE

Android X Navigation - UI: https://github.com/androidx/androidx/tree/androidx-main/navigation/navigation-ui

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

Android X Navigation - Fragment: https://github.com/androidx/androidx/tree/androidx-main/navigation/navigation-fragment

· License Apache: https://github.com/androidx/androidx/blob/androidx-main/LICENSE.txt

RxAndroid - https://github.com/ReactiveX/RxAndroid

· License Apache: https://github.com/ReactiveX/RxAndroid/blob/3.x/LICENSE

RxJava - https://github.com/ReactiveX/RxJava

· License Apache: https://github.com/ReactiveX/RxJava/blob/3.x/LICENSE

SimpleXML - https://github.com/shevek/simple-xml

· License Apache: https://github.com/shevek/simple-xml/blob/master/LICENSE.txt

ThreeTen Android Backport - https://github.com/JakeWharton/ThreeTenABP

· License Apache: https://github.com/JakeWharton/ThreeTenABP/blob/trunk/LICENSE.txt

Virtual Joystick Android - https://github.com/controlwear/virtual-joystick-android

· License: https://github.com/controlwear/virtual-joystick-android/blob/master/LICENSE

ZXing Android Embedded - https://github.com/journeyapps/zxing-android-embedded

· License Apache: https://github.com/journeyapps/zxing-android-embedded/blob/master/COPYING

Otto (http://square.github.io/otto)

Retrofit (http://square.github.io/retrofit)

Gson (https://github.com/google/gson)

Zxing (https://github.com/zxing/zxing, https://github.com/journeyapps/zxing-android-embedded/blob/master/COPYING)

Animal Sniffer (https://github.com/mojohaus/animal-sniffer/blob/master/animal-sniffer/src/main/java/org/codehaus/mojo/animal_sniffer/SignatureBuilder.java)

Checker Framework Annotations (https://github.com/typetools/checker-framework/blob/master/LICENSE.txt)

Core (https://developer.android.com/guide/playcore/license)

Firebase (https://developer.android.com/studio/terms.html)

Play Services (https://developer.android.com/studio/terms.html)

NVActivityIndicatorView (https://github.com/ninjaprox/NVActivityIndicatorView/blob/master/LICENSE)

MBProgressHUD (https://github.com/jdg/MBProgressHUD/blob/master/LICENSE)

ReachabilitySwift (https://github.com/ashleymills/Reachability.swift/blob/master/LICENSE)

GoogleMaps (https://cloud.google.com/maps-platform/terms)

IQKeyboardManagerSwift (https://github.com/hackiftekhar/IQKeyboardManager/blob/master/LICENSE.md)

Alamofire (https://github.com/Alamofire/Alamofire/blob/master/LICENSE)

Cuckoo (https://github.com/Brightify/Cuckoo/blob/master/LICENSE)

BellaDatiSDK - https://github.com/BellaDati/iOS-BellaDati-SDK

Firebase - https://github.com/firebase/firebase-ios-sdk/blob/master/LICENSE

IQKeyboardManagerSwift - https://github.com/hackiftekhar/IQKeyboardManager/blob/master/LICENSE.md

1.3 We may change these terms at any time by notifying you of a change the subsequent time you start the App. The new terms will be displayed on-screen and you will be required to read and accept them to continue your use of the App.

1.4 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version and accepted any new terms.

1.5 You will be assumed to have obtained permission from the owner of the mobile telephone or handheld device that is controlled, but not owned, by you and described in condition 2.2 (“Device”) and to download a copy of the App onto the Device. The account holder of the mobile telephone may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.

1.6 Our privacy notice can be accessed here [https://www.honda.co.uk/lawn-and-garden/useful-links/eu-privacy-policies/mii-monitor.html]The privacy notice tells you how we process your personal data in relation to the App. Additionally, by using the App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7 By using the App, you consent to us collecting and using technical information about your Device and related software, hardware and peripherals to improve our products and to provide any services to you.

1.8 The App may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on your Device, subject to these terms and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may download the App onto a Device to view, use and display it on your Device for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) not to copy the App;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;

(e) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”),

(together “Licence Restrictions”).

4. Acceptable use restrictions

You must:

(a) not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this EULA);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

(d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service accessible via the App.

(together “Acceptable Use Restrictions”).

5. Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to Honda or our licensors, that any rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have or to gain access to the App in source-code form.

6. Limitation of liability

6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

6.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and Honda has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of Honda’s breach of this EULA or Honda’s negligence up to the limit specified in condition 6.4, but Honda are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if was contemplated by both you and us at the time we granted you the EULA.

6.4 Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download, without charge, another copy of the App. This does not apply to the types of loss set out in condition 6.5.

6.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from Honda’s negligence;

(b) fraud or fraudulent misrepresentation; and

7. Termination

7.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA; or

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

7.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any services provided via the App; and

(c) you must immediately delete or remove the App from your Device, and certify to us that you have done so and have destroyed any whole or partial copies of the App you have made in breach of this EULA.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

8.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

9. Other important terms

9.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

9.2 You may only transfer your rights or obligations under this EULA to another person with our written consent.

9.3 IMPORTANT – in the event that you transfer ownership of your Honda Miimo, please ensure that you notify Honda of this immediately, by contacting us with the contact details shown in Annex 1 of this document.

9.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

9.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction to determine any matters of interpretation, claims or disputes relating to its terms.

10. Data Act

10.1 In accordance with Regulation (EU) 2023/2854 (the “Data Act”), we acknowledge and respect your rights regarding access to and use of data generated through your use of the App and related connected products or services.

10.2 The provisions set out in the Data Act Annex to these Terms form an integral part of your legally binding agreement with Honda Motor Europe Ltd. (“Honda”). Honda Motor Europe Ltd. and Honda Motor Co. Ltd, Japan, are the entities that collect, control, or manage data generated by the connected product and the App. These provisions outline your rights as a user, and Honda’s obligations as a Data Holder as applicable under the Data Act.

10.3 If you are entitled to request access to data generated by your use of the connected product and/ or the App from Honda, Honda Motor Europe Ltd, UK, will provide such access in a structured, commonly used, and machine-readable format, free of charge, subject to the Data Act Annex. This also applies for access requests directed towards Honda Motor Co. Ltd, Japan, in which case Honda Motor Europe Ltd. acts on behalf of Honda Motor Co Ltd., Japan.

10.4 Where applicable, Honda will ensure that any data access or sharing arrangements with third parties comply with the fairness, transparency, and interoperability requirements set out in the Data Act, including the prohibition of unfair contractual terms under Article 13.

10.5 In the event of any conflict between these Terms and the Data Act Annex, the provisions of the Data Act Annex shall prevail with respect to any matter governed by the Data Act.

11. Communication between us and support

11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can contact us using the contact details shown in Annex 1 of this document. We will confirm receipt of this by contacting you in writing.

11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

11.3 If you require support in relation to your App, you may contact us using the contact details shown in Annex 1 of this document.

This agreement has been entered into on the date of your first download of the App.

ANNEX 1 – CONTACT DETAILS

AUSTRIA

Honda Motor Europe Ltd

Hondastraße 1

2351 Wiener Neudorf

Tel.: +43 (0)2236 690 0

Fax: +43 (0)2236 690 480

www.honda.at

HondaPP@honda.co.at

BALTIC STATES

(Estonia/Latvia/ Lithuania)

Tel.: +372 651 7300

Fax: +372 651 7301

info.baltic@ncgimport.com

NCG Import Baltics OU

Meistri 12 13517 Tallinn Estonia

BELGIUM

Tel.: +32 2620 10 00

Fax: +32 2620 10 01

www.honda.be

BH_PE@HONDA-EU.COM

Honda Motor Europe Ltd

Doornveld 180-184 1731 Zellik

BULGARIA

Premium Motor Ltd

Andrey Lyapchev Blvd no 34

1797 Sofia

Bulgaria

www.hondamotor.bg

office@hondamotor.bg

Tel: +3592 423 5879

Fax: +3592 423 5879

CROATIA

AS Power Equipment d.o.o.

Brezence 2

SI-8216 Mirna Peč

Tel.: +386 7 777 00 45

http://as-powerequipment.com

info@as-powerequipment.com

CYPRUS

Powerline Products Ltd

Cyprus - Nicosia

Vasilias 18 2232 Latsia

Tel.: +357 99 49 04 21

info@powerlinecy.com

http://www.powerlinecy.com

CZECH REPUBLIC

BG Technik cs, a.s.

U Zavodiste 251/8

15900 Prague 5 - Velka Chuchle

Tel.: +420 2 838 70 850

Fax: +420 2 667 111 45

www.honda-stroje.cz

DENMARK

TIMA A/S

Ryttermarken 10

DK-3520 Farum

Tel.: +45 36 34 25 50

www. tima.dk

FINLAND

OY Brandt AB.

Tuupakantie 7B 01740 Vantaa

Tel.: +358 207757200

Fax: +358 9 878 5276

www.brandt.fi

FRANCE

Honda Motor Europe Ltd

Division Produit d’Equipement

Parc d’activités de Pariest, Allée du 1er mai

Croissy Beaubourg BP46,

77312 Marne La Vallée Cedex 2

Tél. : 01 60 37 30 00

Fax: 01 60 37 30 86

www.honda.fr

espace-client@honda-eu.com

GERMANY

Tel.: 01805 20 20 90

Fax: +49 (0)69 83 20 20

www.honda.de

info@post.honda.de

Honda Deutschland Niederlassung der

Honda Motor Europe Ltd.

Hanauer Landstraße 222-224

D-60314 Frankfurt

GREECE

Technellas S.A.

92 Athinon Ave

10442 Athens, Greece

Tel: +30 210 519 31 10

Fax: +30 210 519 31 14

mail@technellas.gr

HUNGARY

MP Motor Co., Ltd.

Kamaraerdei ut 3.

2040 Budaors

Tel.: +36 23 444 971

Fax: +36 23 444 972

www.hondakisgepek.hu

info@hondakisgepek.hu

IRELAND

Two Wheels ltd

M50 Business Park, Ballymount

Dublin 12

Tel.: +353 1 4381900

Fax: +353 1 4607851

www.hondaireland.ie

Service@hondaireland.ie

ITALY

Honda Motor Europe Ltd

Via della Cecchignola, 13

00143 Roma

Tel.: +848 846 632

Fax: +39 065 4928 400

www.hondaitalia.com

info.power@honda-eu.com

MALTA

The Associated Motors Company Ltd.

New Street in San Gwakkin Road

Mriehel Bypass, Mriehel QRM17

Tel.: +356 21 498 561

Fax: +356 21 480 150

NORTH MACEDONIA

AS Power Equipment d.o.o.

Brezence 2

SI-8216 Mirna Peč

Tel.: +386 7 777 00 45

http://as-powerequipment.com

info@as-powerequipment.com

NORWAY

Berema AS

Svarthagsveien 8

1543 Vestby

Tel.: +47 64 86 05 00

Fax: +47 64 86 05 49

www.berema.no

berema@berema.no

POLAND

Aries Power Equipment Sp. z o.o.

ul. Pulawska 467

02-844 Warszawa

Tel.: +48 (22) 861 43 01

Fax: +48 (22) 861 43 02

www.ariespower.pl

www.mojahonda.pl

info@ariespower.pl

PORTUGAL

GROW Productos de Forca Portugal

Rua Fontes Pereira de Melo, 16

Abrunheira, 2714-506 Sintra

Tel.: +351 211 303 000

Fax: +351 211 303 003

www.grow.com.pt

geral@grow.com.pt

ROMANIA

Agrisorg Srl

Sacadat Str Principala

Nr 444/A Jud. Bihor

Romania

Tel.: (+4) 0259 458 336

info@agrisorg.com

SERBIA & MONTENEGRO

AS Power Equipment d.o.o.

Brezence 2

SI-8216 Mirna Peč

Tel.: +386 7 777 00 45

http://as-powerequipment.com

info@as-powerequipment.com

SLOVAK REPUBLIC

Honda Motor Europe Ltd Slovensko,

organizacná zložka

Prievozská 6 821 09 Bratislava

Tel.: +421 2 32131111

Fax: +421 2 32131112

www.honda.sk

SLOVENIA

AS Power Equipment d.o.o.

Brezence 2

SI-8216 Mirna Peč

Tel.: +386 7 777 00 45

http://as-powerequipment.com

info@as-powerequipment.com

SPAIN & all provinces

Greens Power Products, S.L.

Poligono Industrial Congost –

Av Ramon Ciurans n°2

08530 La Garriga - Barcelona

Tel.: +34 93 860 50 25

Fax: +34 93 871 81 80

www.hondaencasa.com

SWEDEN

Honda Motor Europe Ltd filial Sverige

Box 31002 - Långhusgatan 4

215 86 Malmö

Tel.: +46 (0)40 600 23 00

Fax: +46 (0)40 600 23 19

www.honda.se

hpesinfo@honda-eu.com

SWITZERLAND

Tel.: +41 (0)22 989 05 00

Fax: +41 (0)22 989 06 60

www.honda.ch

Honda Motor Europe Ltd., Slough

Succursale de Satigny/Genève

Rue de la Bergère 5

1242 Satigny

TURKEY

Anadolu Motor Uretim ve Pazarlama AS

Sekerpinar Mah

Albayrak Sok No 4

Cayirova 41420

Kocaeli

Tel.: +90 262 999 23 00

Fax: +90 262 658 94 17

http://www.anadolumotor.com.tr

antor@antor.com.tr

UNITED KINGDOM

Honda Motor Europe Ltd

Cain Road Bracknell

Berkshire RG12 1 HL

Tel.: +44 (0)845 200 8000

www.honda.co.uk

Data Act Annex

1. Background and Parties

1.1 This Annex sets out commitments to meet the requirements of the EU Data Act.

1.2 Honda Motor Europe Ltd., Cain Road, Bracknell, Berkshire, RG12 1HL, UK, and Honda Motor Company Ltd., 2-1-1, Minami-Aoyama, Minato-ku, Tokyo 107-8556, Japan, are the entities that collect, control, or manage data generated by the connected product and the App. Both entities are data holders in the sense of the EU Data Act.

1.3 In this Annex:

1.3.1 Honda Motor Europe Ltd. is referred to as “HME” or “Data Holder” and Honda Motor Company Ltd., referred to as “Honda Japan”.

1.3.2 You are referred to as the “User”.

Data Holder and User are referred to collectively as the “Parties” and individually as a “Party” for purposes of this Data Act Annex.

Only Data Holder and User are Parties to these Data Act Terms. Whenever data access is requested from Honda Japan, Data Holder will provide such access on behalf of Honda Japan but in its own name subject to the terms and conditions of this Data Act Annex.

2. Product/Related Service

This Annex applies with respect to the User’s Honda Miimo products (referred to as “Product(s)”) and Mii-monitor App Services (including use of this App).

3. Data covered by the Annex

The data covered by this Annex (the “Data”) consists of any readily available Product Data or Related Service(s) Data relating to the User within the meaning of the Data Act.

4. Non-Personal Data: Data use and sharing by the Data Holder

Agreed use of non-personal Data by the Data Holder

4.1 The Data Holder may use and share with Honda affiliated group companies for their own use the Data that are non-personal Data for the following purposes:

4.1.1 Performing any agreement with the User or activities related to such agreement (e.g. issuing invoices, generating and providing reports or analysis, financial projections, impact assessments, calculating staff benefit);

4.1.2 Providing support, warranty, guarantee or similar services or to assess User’s, Data Holder’s or third party’s claims (e.g. regarding malfunctions of the Product) related to the Product or Related Service;

4.1.3 Monitoring and maintaining the functioning, safety and security of the Product or Related Service;

4.1.4 Improving the functioning of any product or related service offered by the Data Holder;

4.1.5 Developing new products or services, including artificial intelligence (AI) solutions, by the Data Holder, by third parties acting on behalf of the Data Holder (i.e. where the Data Holder decides which tasks will be entrusted to such parties and benefits therefrom), in collaboration with other parties or through special purpose companies (such as joint ventures);

4.1.6 Aggregating these Data with other data or creating derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to the Data Holder from the connected product to be identified or allow a third party to derive those data from the dataset.

4.2 The Data Holder undertakes not to use the Data to derive insights about the economic situation, assets and production methods of the User, or about the use of the Product or Related Service by the User in any other manner that could undermine the commercial position of the User on the markets in which the User active, as relevant to the nature of the User. None of the Data uses agreed to under Section 4.1 may be interpreted as including such Data use, and the Data Holder undertakes to ensure, by appropriate organisational and technical means, that no third party, outside the Data Holder’s organisation or Honda group companies, engages in such Data use.

Sharing of non-personal data with third parties and use of processing services

4.3 The Data Holder may share with third parties Data which is non-personal data, if:

4.3.1 the Data is used by the third party exclusively for the following purposes:

(a) assisting the Data Holder in achieving the purposes permitted under Section 4.1;

(b) achieving, in collaboration with the Data Holder or through special purpose companies, the purposes permitted under Section 4.1; and

(i) not to use the Data for any purposes or in any way going beyond the use that is permissible in accordance with previous Section 4.3.1(a);

(ii) to comply with Section 4.2;

(iii) not to share these Data further save to the extent the Data Holder has the User’s consent to such further transfer or unless such Data sharing is required, in the interest of the User, to fulfil this Annex. Points (i) to (ii) above must be included in the contracts with recipients for further sharing.

4.4 The User hereby grants the Data Holder an irrevocable license to use and share the Data in accordance with Sections 4.1 and 4.3.

4.5 User grants the same rights to use and share (with Honda affiliated group companies) the Data that are non-personal data for the purposes set forth in Section 4.1. to Honda Japan and Honda Japan shall have the same rights to share the Data with third parties as set forth in Section 4.3. Data Holder shall procure that Honda Japan will comply itself with the obligations set forth in Section 4.3.2 above. The User hereby grants Honda Japan an irrevocable license to use and share the Data in accordance with Sections 4.1 and 4.3.

5. Personal data: Use and Sharing by the Data Holder

5.1 The Data Holder may use, share with third parties or otherwise process any Data that is personal data, provided it has a legal basis to do so. The Data Holder’s Privacy Notice https://www.honda.co.uk/lawn-and-garden/useful-links/privacy-policy/mii-monitor.html provides further detail.

6. Data access by the User upon Request

6.1 Only to the extent the User cannot directly access the Data from the Product or Related Service in accordance with Article 3 (1) of the Data Act, the User is entitled to obtain access to the Data from the Data Holder upon request (via the App or such other method as communicated by the Data Holder), in accordance with the terms of this Annex and Article 4 of the Data Act.

7. Data characteristics and access arrangements

7.1 The Data Holder shall make the Data available to the User:

7.1.1 free of charge for the User; and

7.1.2 without any representation or warranty as to the quality or content of the data beyond what is required by Art. 4 (1) Data Act.

8. Unilateral changes by the Data Holder

8.1 Notwithstanding any changes as per Clause 1.3 of the Miimo End User License Agreement, the Data Holder may, in good faith, unilaterally change the specifications of the Data or the access arrangements provided pursuant to this Annex, if this is objectively justifiable – for example a technical modification due to a security vulnerability in the Data Holder’s infrastructure or other legitimate reasons.

8.2 The Data Holder must give notice of the change to the User without undue delay. Where the change may negatively affect Data access and use by the User more than just to a small extent, the Data Holder must give notice to the User a reasonable period before the change takes effect (save where impossible or unreasonable in the circumstances, such as where immediate changes are required because of a detected security vulnerability).

9. Applicability of trade secret arrangements

9.1 The provisions below apply exclusively to Data or metadata included in the Data to be made available by the Data Holder to the User, which are protected as trade secrets (as defined in the Trade Secrets Directive (EU) 2016/943), held by the Data Holder or another Trade Secret Holder (as defined in said Directive).

9.2 The Data protected as trade secrets (“Identified Trade Secrets ”) and the identity of the Trade Secret Holder(s) shall be identified to the User by the Data Holder acting reasonably.

9.3 The obligations below remain in effect after any termination of the corresponding Product and/or Services contract, unless otherwise agreed by the Parties.

9.4 The obligations for Users in the context of Identified Trade Secrets shall also apply where a User obtains access to Data via direct access as per Art. 3 (1) EU Data Act.

Protective measures to be taken by the User

9.5 The User must apply the protective measures set out in the Appendix to this Annex (“User Protective Measures”).

9.6 If the User is permitted to make Data protected as Trade Secrets available to a third party, the User must (i) inform the Data Holder in advance, specifying the Data in question, and give the Data Holder the identity and contact details of the third party and (ii) must only share Identified Trade Secrets if the third party has signed an agreement that includes a commitment by the third party to comply with the User Protective Measures and ensures that such commitment has binding effect vis a vis the Data Holder.

9.7 In order to verify if and to what extent the User has implemented and is maintaining the User Protective Measures, the User shall if requested from time to time by the Data Holder provide evidence demonstrating such matters.

Protective measures taken by the Data Holder

9.8 The Data Holder may also apply technical and organisational protection measures to preserve the confidentiality of the shared and otherwise disclosed Identified Trade Secrets (e.g. making the data available via encrypted file transfer or storage methods). The Data Holder may unilaterally add further appropriate technical and organisational protection measures, in accordance with this section. All the foregoing measures together comprise the “DH Protective Measures”.

9.9 The User undertakes not to alter or remove such DH Protective Measures, unless otherwise agreed by the Parties.

10. Obligation to share and right to refuse, withhold or terminate

10.1 The Data Holder shall share the Data, including Identified Trade Secrets, in accordance with this Annex, and may not refuse, withhold or terminate the sharing of any Identified Trade Secrets, except as explicitly set forth below.

10.2 Where the User Protective Measures and the DH Protective Measures do not materially suffice to adequately protect a particular Identified Trade Secret, the Data Holder may, by giving notice to the user with a detailed description of the inadequacy of the measures:

10.2.1 unilaterally increase the protection measures regarding the specific Identified Trade Secret in question, in accordance with Section 9, or

10.2.2 request that additional protection measures be agreed. If there is no agreement on the necessary additional measures after a reasonable period of time and if the need of such measures is duly substantiated, e.g. in a security audit report, the Data Holder may suspend the sharing of the specific Identified Trade Secret by giving notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act, with copy of this sent to the User.

10.3 The Data Holder must continue to share any Identified Trade Secrets other than these specific Identified Trade Secrets.

10.4 If, in exceptional circumstances, the Data Holder, Honda Japan and/or the Trade Secret Holder is highly likely to suffer serious economic damage from disclosure of a particular Identified Trade Secret to the User despite the User Protective Measures and the DH Protective Measures having been implemented, the Data Holder may withhold or suspend the sharing the specific Identified Trade Secret in question. They may do this only if they give a duly substantiated notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act, with a copy being sent to the User. However, the Data Holder must continue to share any Identified Trade Secrets other than those specific Identified Trade Secrets.

10.5 If the User (i) fails to implement and maintain their User Protective Measures; or (ii) alters/removes the DH Protective Measures and if this failure is duly substantiated by the Data Holder, the Data Holder is entitled to withhold or suspend the sharing of the specific Identified Trade Secrets, until the User has resolved the incident or other issue as described in the following:

10.5.1 The Data Holder must, without undue delay, give duly substantiated notice to the User and to the competent authority designated pursuant to Article 37 of the Data Act.

10.5.2 On receiving this notice, the User must (i) address the incident/issue without undue delay; and (ii) resolve the issue in consultation with the Data Holder.

10.6 In the event the Data Holder withholds or suspend the sharing of data pursuant to Sections 10.3 or 10.4 above, without prejudice to any termination arising under Clause 8 of the Miimo End User License Agreement, the Data Holder may in any event terminate its corresponding contract with the User for providing the App service if:

10.6.1 all the conditions of, as applicable, Section 10.3 or Section 10.4 have been met;

10.6.2 no resolution has been found by Parties after, despite an attempt to find an amicable solution, including after intervention by the competent authority designated under Article 37 of the Data Act; and

10.6.3 the User has not been awarded by a competent court with court decision obliging the Data Holder to make the Data available and there is no pending court proceedings for such a decision.

10.7 In the event that the User makes false representations about its compliance with the terms of this Annex and if this failure is duly substantiated by the Data Holder, the Data Holder is entitled to withhold or suspend the sharing of data under this Annex and may terminate the Service in accordance with Clause 8 of the Miimo End User License Agreement.

11. End of production and destruction of infringing materials

11.1 Without prejudice to other remedies available to the Data Holder, if the User alters or removes technical protection measures applied by the Data Holder or does not maintain the technical and organisational measures taken by them pursuant to this Annex, the Data Holder may request the User:

11.1.1 to erase the data made available by the Data Holder or any copies thereof; and/or

11.1.2 end the production, offering or placing on the market or use of materials, derivative data or services produced on the basis of knowledge obtained through the Identified Trade Secrets, or the importation, export or storage of infringing materials for those purposes, and destroy any infringing materials, where there is a serious risk that the unlawful use of those data will cause significant harm to the Data Holder or the Trade Secret Holder or where such a measure would not be disproportionate in light of the interests of the Data Holder or the Trade Secret Holder; and/or

11.1.3 compensate any party suffering from the misuse or disclosure of such unlawfully accessed or used data.

12. Retention of Data protected as Identified Trade Secrets

12.1 Where under this Annex the Data Holder exercises the right to withhold, suspend or in any other way end or refuse the data sharing to the User, said Data will be made available to the User once the appropriate protections are agreed and implemented, provided that the data is then still readily available for the Data Holder.

12.2 The Data Holder shall retain the relevant data for a reasonable period, provided that such data remains readily available and retention does not impose a disproportionate burden. The retention obligation ends where a competent authority or court in a binding decision allows the deletion of such retained data or where the corresponding contract with the User terminates.

12.3 The Data Holder will bear the necessary costs for retaining the data under Section 12.2. However, the User will cover such costs in part or in full where and to the extent the withholding, suspension or refusal to provide data was caused by the User acting in bad faith.

13. Permissible use and sharing of data

13.1 The User may use the Data made available by the Data Holder upon their request for any lawful purpose and/or share the Data freely subject to the limitations below.

Unauthorised use and sharing of data

13.2 The User undertakes not to engage in the following:

13.2.1 use the Data to develop a connected product that competes with the Product, nor share the Data with a third party with that intent;

13.2.2 use such Data to derive insights about the economic situation, assets and production methods of the manufacturer or, where applicable the Data Holder;

13.2.3 use coercive means to obtain access to Data or, for that purpose, abuse gaps in the Data Holder’s technical infrastructure which is designed to protect the Data;

13.2.4 share the Data with a third-party considered as a gatekeeper under article 3 of Regulation (EU) 2022/1925 (being large technology platforms that act as crucial point of access for businesses to reach consumers, that can have a significant impact and lasting presence in a market);

13.2.5 use the Data they receive for any purposes that infringe EU law or applicable national law.

14. Data sharing upon the User’s request with a Data Recipient

Making Data available to a Data Recipient

14.1 The Data shall on request by the User be made available to a Data Recipient (the Data Recipient may be required to pay for such provision). This request:

14.1.1 shall be submitted via the Honda Data Services Portal or other method directed by the Data Holder;

14.1.2 must not benefit a third party considered as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 and cannot be made in the context of the testing of new connected products, substances or processes that are not yet placed on the market;

15. Transfer of use and multiple users

Transfer of use

15.1 Where the User, on a basis permitted by its contract for the corresponding Product and/or Service, contractually transfers: (i) ownership of the Product; and/or (ii) their rights to use the Product and/or receive Related Services, to a subsequent natural or legal person (‘Subsequent User ’) and loses the status of a user after the transfer to a Subsequent User, the User must:

15.1.1 ensure that the Subsequent User cannot use the initial User’s account (by not allowing other/subsequent bike users to access/use the account by sharing log in details, for example),

15.1.2 notify the Data Holder of the transfer.

15.1.3 The rights of the Data Holder to use Product Data or Related Services Data generated prior to the transfer will not, for the period retained by the Data Holder pursuant to its applicable retention policy, be affected by a transfer.

Multiple users

15.2 Where the initial User grants a right to use of the Product and/or Related Service(s) to another party (“Additional User ”) while retaining their position as a user, or where there are multiple Users for any other reason, the Parties undertake to comply with the requirements set out in this provision.

15.3 The User must:

15.3.1 only request access to Data that is not related to those other users, save where the User has ensured that access to data from other users is covered by their consent or by a legal ground under GDPR, if applicable; and

15.3.2 ensure that the Additional User cannot use the initial User’s account;

15.3.3 act as a first contact point for the Additional User if the Additional User makes a request under Articles 4 or 5 of the Data Act or a claim regarding the use or making available of the Data by the Data Holder (as it is not possible for an Additional User to make such requests via the App themselves).

15.3.4 ensure that the Additional User agrees to the terms of this Annex or to terms substantially reflecting the content of this Annex with binding effect for the benefit of the Data Holder and Honda Japan, in particular

(a) the terms in Sections 4.1, 4.3 and 4.4 on the use and sharing of the Data by the Data Holder and

(b) Section 4.5. for rights granted to Honda Japan.

Compliance with laws protecting personal data

15.4 To the extent a request by the User to make available data to User or to a Data Recipient concerns Data which is personal data and the requesting User is not the data subject,

15.4.1 the request must only be submitted if there is a valid legal basis for making personal data available under Article 6 of Regulation (EU) 2016/679 (GDPR) and only, where relevant, the conditions set out in Article 9 of that Regulation and of Article 5(3) of Directive 2002/58/EC (Directive on privacy and electronic communications) are met.

15.4.2 The User must indicate to the Data Holder, in each such request, the legal basis for processing and is fully responsible for ensuring that making available personal data upon each request is covered by sufficient legal ground. The Data Holder may at any time require the User to provide documentation that proves the existence of the legal ground identified.

15.4.3 The User must inform Data Holder immediately whenever the legal ground identified is no longer available to cover the requested making available of data (e.g. where data subjects have withdrawn consent, data processing is no longer necessary for the performance of a contract or factors relevant for a balance of interest test have changed etc.).

15.4.4 The User must ensure that the data subject is adequately informed about the specific, explicit and legitimate purposes of the processing of the data made available to the user or other data recipient and how the data subject can effectively exercise his or her rights.

15.4.5 The User is solely responsible for agreeing the purposes and conditions with the Data Recipient and the Data Holder may not be held liable for the absence of such an agreement between the User and the third party.

15.5 The Data Holder may refuse and/or suspend the making available of data in case it has legitimate concerns about the existence and validity of the legal ground presented by the User or in case it has any other reason to believe that making the data available may not be in compliance with laws.

16. Indemnification by User for illegal use and sharing of Product or Related Services Data

16.1 If the User culpably breaches their obligations as set out in this Annex and such breach results in the illegal use and sharing of Product or Related Services Data by the Data Holder or Honda Japan, the User shall indemnify the Data Holder or Honda Japan against any claims (for damages, injunctions etc.) by the Subsequent or Additional User towards the Data Holder or Honda Japan arising directly from such breach. The indemnification obligation shall apply only to the extent that the User is responsible for the breach (i.e., in cases of intent or negligence). This shall not affect the Data Holder’s and Honda Japan’s obligation to mitigate damages.

17. Term and Termination

17.1 The rights and obligations under this Annex will cease applying:

17.1.1 when the Product or Related Service is no longer capable of generating the Data; or

17.1.2 upon the User transferring ownership of the Product or when the User’s rights with regard to the Product under a rental, lease or similar agreement or the user’s rights with regard to the Related Service come to an end; or

17.1.3 when both Parties so agree.

The second and third sub-paragraphs above shall be without prejudice to the terms of the Annex remaining in force between the Data Holder and any Subsequent or Additional User.

17.2 Expiry or termination of the User’s contract for a Product or Services:

17.2.1 releases both Parties from their related obligation to effect and to receive future performance under this Annex but does not affect the rights and liabilities that have accrued up to the time of termination;

17.2.2 does not affect any provision in this Annex which is to operate thereafter, which remain in full force and effect;

17.2.3 will have the effect that the Data Holder shall immediately cease to retrieve the Data generated or recorded as of the date of termination or expiry;

17.3 Notwithstanding termination or expiry of this Annex, the Data Holder remains entitled to use and share the Data generated or recorded before the date of termination or expiry as specified in this Annex and/or the contract concerned.

17.4 Section 17.3 applies equally for Honda Japan.

17.5 User acknowledges that if User decides to delete the App the Data will no longer be accessible.

18. Breach of this Annex, Specific Remedies and Limitation of Liability

Fundamental non-performance

18.1 Non-performance of an obligation by a Party is fundamental to this Annex if that non-compliance:

18.1.1 would cause significant harm to the other Party; or

18.1.2 the non-performance substantially deprives the aggrieved Party of what it was entitled to expect under this Annex, unless the other Party did not foresee and could not reasonably have foreseen that result; or

18.1.3 the non-performance is intentional.

Excuse of a Breach

18.2 A Party’s non-performance is excused to the extent it proves that it is due to an impediment beyond its reasonable control (including where caused the other Party’s non-performance of its duties) and that it could not reasonably have been expected to have avoided or overcome the impediment or its consequences. The non-performing Party must ensure that notice of the impediment and of its impact is received by the other Party within a reasonable time after the non-performing Party knew or ought to have known of the circumstances.

Damages

18.3 Where a Party claims damages for breach by the other Party of its obligations under this Annex, the breaching Party is liable only for loss which could reasonably have been foreseen at the time of entering into the corresponding contract for a Product and/or Service – unless the breach was intentional or grossly negligent.

Specific Remedies (without limiting any other remedies available under applicable law)

18.4 In the event the User has accessed or used Data in violation of this Annex or otherwise failed to comply with the terms of this Annex, the Data Holder may:

18.4.1 require that the User erases any Data accessed in violation of this Annex together with copies;

18.4.2 suspend the sharing of Data with the User, until the User complies with their obligations under this Annex, if the non-performance of User’s obligations is fundamental;

18.4.3 terminate the User’s access to the Data, provided (i) the non-performance of User’s obligations is fundamental; and (ii) it is reasonable and lawful in the circumstances for Honda to take that action.

18.4.4 The User may withdraw its permission granted to Honda use the Data, by giving notice to the Data Holder, if:

(a) the Data Holder’s non-performance is fundamental; or

(b) in the case of non-performance which is not fundamental, the User has notified the Data Holder and the breach has not been remedied within a reasonable period thereafter.

Withdrawal of the permission by the User may result in Honda no longer being able to provide the service.

19.5 Nothing in this clause shall limit liability for intent, gross negligence, or injury to life, body, or health and where such liability cannot be excluded under applicable law.

19. Confidentiality

19.1 The following information must be considered “Confidential Information”:

19.1.1 information referring to the trade secrets, financial situation or any other aspect of the operations of the other party, unless the other Party has made this information public;

19.1.2 information referring to the User and any other protected third party, unless they have already made this information public;

19.1.3 information referring to the performance of this Annex, including any related disputes.

19.2 Each Party agrees (i) to take all reasonable measures to store securely and keep in full confidence the Confidential Information; and (ii) not to disclose or make available such information to another, unless that recipient:

19.2.1 is under a legal obligation to disclose or make available the relevant information;

19.2.2 has to disclose or make available the relevant information to meet its obligations under this agreement, and the other Party (or the party providing the confidential information or affected by its disclosure) can reasonably be considered to have accepted this; or

19.2.3 has obtained the prior written consent from the other Party or the party providing the Confidential Information or affected by its disclosure.

19.3 These confidentiality obligations remain applicable after the termination of any applicable contract for Products and/or Services for a period of 10 (ten) years.

19.4 These confidentiality obligations do not remove any more stringent obligations: (i) under applicable law, including Regulation (EU) 2016/679 (GDPR); or (ii) (if applicable) the provisions of this Annex protecting Trade Secrets.

20. Entire agreement, modifications and severability

20.1 This Annex constitutes the entire agreement between the Parties with respect to its subject and supersedes all related prior agreements and understandings between the Parties, oral or written.

20.2 Subject to any modifications otherwise permitted under the express terms of this Annex, any modification of this Annex will otherwise be valid only if agreed to by the Parties in writing, including in any electronic form that is considered to meet the requirements of a written document (in line with good commercial practices).

20.3 If any provision of this Annex is found to be void, invalid, voidable or unenforceable for whatever reason, the remaining provisions will be unaffected and will continue to be valid and enforceable. Any resulting gaps or ambiguities must be dealt with according to the following provision.

20.4 This Annex is concluded by the Parties against the background of the Parties’ rights and obligations under the Data Act. Any provision in this Annex must be interpreted to comply with the Data Act and other EU law or national legislation adopted in accordance with EU law, as well as any applicable national law that is compatible with EU law and cannot be derogated from by agreement.

21. Dispute settlement and governing law

21.1 The Parties shall use their best efforts to resolve disputes relating to this Annex amicably and, before bringing a case before a court or tribunal, to submit their dispute to a dispute settlement body in a Member State that fulfils the conditions of Article 10 of the Data Act).

21.2 Submission of a dispute to a dispute settlement body in accordance with the above provision does not, however, affect the User’s right to lodge a complaint with the national competent authority designated in accordance with Article 37 of the Data Act, or the right of any Party to seek an effective remedy before a court or tribunal in a Member State.

Appendix to Data Act Annex:

Details of measures for the protection of trade secrets

User Protective Measures

Technical and Organisational Security Measures

The Data must be protected by the application and operation of technical and organisational security measures, which (without limitation) should include:

(1) Encryption: Data must be encrypted at rest and in transit using industry-standard algorithms (e.g. AES-256, RSA-4096, SHA-256);

(2) Access Controls: Use of strong, multi-factor authentication, role-based access controls, and least-privilege policy;

(3) Monitoring and Logging: Applying robust logging systems to monitor access, retention and use of the Data for audit purposes;

(4) Secure Storage and Infrastructure: Technical and organisational measures related to network/storage security (e.g. firewalls), secure configurations (e.g. split storage), and regular vulnerability testing;

(5) Data Processing Management: Where data is being edited, deleted or transmitted, such processes should be technically effective and auditable;

(6) Remediation and Testing: Expedited resolution where any security omissions or vulnerabilities are identified, together with testing to verify resolution;

(7) Training: The User should ensure it is suitably knowledgeable/trained in the implementation and operation of these protective measures;

(8) [Honda Security Requirements: On request by the Data Holder, annual completion of the Honda GITSP SDLC minimum standard check sheet provided to the User;]

(9) Data Incident Notification and Response: See further below.

Notes:

· [It is recognised that the measures adopted may be implemented on a proportionate basis, relative to the nature of the trade secret(s).]

· The technical and organisational measures must, in any event, be at least as strict as: (i) a standard consistent with good industry practice; and (ii) if applicable, any guidelines published by the regulatory bodies with oversight authority for the Data Act with respect to the Data concerned.

Data Incident Notification and Response

a) Notification and response measures must be prepared and operated in case of misuse, unauthorised disclosure or other security incident relating to the Data (including, without limitation, where the User identifies that it is in breach of its obligations to apply the User Protective Measures), which (without limitation) should include:

b) Immediate Notification: The Data Holder must be informed immediately (within one hour) of any such event, with a written outline of what has occurred. Further subsequent updates should be provided with details of the incident, measures taken and progress to resolve/mitigate;

c) Clear escalation procedures: Escalation procedures, to ensure suitable response and mitigation of the incident, must be documented and implemented as required;

d) Incident Management: Data incidents must be suitably managed and mitigated, including remediation steps, forensic investigation support, and cooperation with the Data Holder.

Maintenance & Repair

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Miimonitor End User License Agreement