Please carefully read these Terms of Use for Learning Management System and Privacy

Policy for Learning Management System before you use LMS (defined below). You may
use LMS only if you agree to these Terms of Use.

Terms of Use for Learning Management System

These Terms of Use for Learning Management System (“Terms of Use”) sets forth the
terms and conditions to be agreed between you and Kobelco Construction Machinery Co.,
Ltd. (“Kobelco”) and shall be applied to your use of LMS.

IF YOU START TO USE LMS OR CLICK THE "YES" BUTTON DISPLAYED WITH THE
TERMS OF USE WHEN YOU LOG IN TO LMS, IT IS DEEMED THAT YOU AGREE TO
THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHALL
NOT USE LMS AND SHALL IMMEDIATELY STOP USING LMS.

Kobelco may change the Terms of Use without your prior consent if Kobelco deems it is
necessary. In this case, Kobelco shall notify, in advance, you of such changes to the Terms
of Use, the contents of the revised Terms of Use and the effective date thereof through
LMS or in other appropriate manners.
If you use LMS after the effective date of the revised Terms of Use, it is deemed that you
agree to the revised Terms of Use.

Article 1. Definitions
For the purpose of the Terms of Use, whether in the singular or the plural, the following
terms shall have the meanings defined below, other terms being defined throughout the
body of the Terms of Use:
1.1 “Customer Services” shall mean the maintenance, repair works and other customer
services provided to customers and/or end-users of Kobelco Products (defined
below).
1.2 “Kobelco Products” shall mean Kobelco-branded construction machinery
manufactured by Kobelco or other third party rightfully authorized by Kobelco under
the relevant license agreement and/or distributed by Kobelco directly or indirectly in
its distribution channel.
1.3 “LMS” shall mean the learning management system and computer program provided
by Kobelco for educating the service staff engaging in the Customer Services.
1.4 “Subject Company” shall mean: (i) Kobelco; (ii) a Subsidiary (defined below); (iii) a
dealer authorized by Kobelco or a Subsidiary under the relevant dealer agreement
 between such dealer and Kobelco or a Subsidiary (the “Dealer Agreement”); (iv) a
sub-dealer authorized by Kobelco or a Subsidiary under the Dealer Agreement; (v) a
third party contractor undertaking the tasks including the Customer Services from
Kobelco or a Subsidiary under an agreement between such third party contractor and
Kobelco or a Subsidiary; or (vi) another company to which Kobelco or a Subsidiary
grants a license to use LMS in writing.
1.5 “Subsidiary” shall mean any corporation or other legal entity which Kobelco owns,
directly or indirectly, more than fifty percent (50%) of the voting shares or other equity
interests of such entity.
1.6 “Training” shall mean the training program provided by Kobelco to you which is
available to you on LMS through the Internet (including the intranet managed by
Kobelco; the same shall apply hereinafter) for the purpose of acquiring and improving
your knowledge and skills necessary for the Customer Services.
1.7 “Training Materials” shall mean (i) the training materials used in the course of the
Training provided by Kobelco to you on LMS through the Internet and (ii) the
supplemental material for Training provided by Kobelco to you. The Training
Materials will be provided to you in PDF file format or any other file format.

Article 2. Purpose
The Training shall be provided to you on LMS for the purpose that you will acquire and
improve your knowledge and skills necessary for performing appropriate Customer
Services.

Article 3. Eligibility Requirements

3.1 You may use LMS only in the case that: (i) you are an officer or an employee of the
Subject Company; (ii) you are engaging in the Customer Services and instructed to
take the Training by the Subject Company to which you belong; and (iii) you agree to
use LMS subject to the Terms of Use. You shall not use LMS if you do not meet any
of the requirements (i) through (iii) set forth in this Article 3.1 above, unless
otherwise Kobelco permits.
3.2 If you do not meet any of the requirements set forth in Article 3.1 above, you shall
give a notice to Kobelco immediately. In this case, you shall not take the Training,
browse the Training Materials and use LMS even if the Training, the Training
Materials and LMS are available to you.

Article 4. User’s Obligations

4.1 You acknowledge and agree that the Training and the Training Materials are provided
by Kobelco for the purpose set forth in Article 2. You shall not use any information
 which you obtain or learn from the Training for any other purpose than performing
the Customer Services.
4.2 You shall not have any third party take the Training by using your ID and shall not
disclose and make available the Training and the Training Materials to any third party.
4.3 You may browse the Training Materials only on LMS. You shall not reproduce, copy,
alter or transmit publicly the Training Materials.
4.4 You shall not delete or remove any copyright, trademark or other proprietary notices
of Kobelco or any third party on LMS and/or the Training Materials.
4.5 You shall not perform any unlawful, deceptive or fraudulent act, including but not
limited to, infringement of any rights of Kobelco or any third party or interferences
with network used for providing LMS, in the course of the use of LMS and the Training
Materials.
4.6 You shall not send or upload any harmful computer programs such as computer virus
to Kobelco’s facilities, equipment or network used for LMS.
4.7 You shall not reverse engineer, disassemble, decompile or otherwise attempt to
analyze LMS and the Training Materials.
4.8 Your obligations under this Article 4 shall survive completion, termination or
suspension of the Training.

Article 5. System Requirement

5.1 Kobelco will designate, from time to time, the system requirement for LMS, including
but not limited to, devices, hardware, its OS versions and other system requirement.
5.2 You shall use LMS and take the Training in accordance with the instruction of Subject
Company to which you belong. You shall access to LMS by a device protected by the
Subject Company’s appropriate security measures.

Article 6. ID and Password

6.1 You shall use your ID and password provided by Kobelco and shall not use ID and
password for any third party.
6.2 You shall report immediately to Kobelco if your ID or password is or threatens to be
lost or leaked out to any third party.
6.3 You shall not disclose or provide your ID and password to any third party and shall
handle and manage your ID and password with reasonable degree of care.

Article 7. Intellectual Property Rights

7.1 You acknowledge and agree that: (i) the title and the intellectual property rights,
including but not limited to copyrights, patents, utility model registrations, trademark
rights, design rights, and rights to make registrations based on such former rights
 (“Intellectual Property Rights”), to documents, drawings, photos, movies,
illustrations or other works regarding LMS, the Training and the Training Materials
shall belong to Kobelco or its licensor; and (ii) you shall not be authorized to use LMS,
the Training and the Training Materials for any other purpose than the purpose set
forth in Article 2.
7.2 If you are aware of the fact that LMS, the Training or the Training Materials infringes
or threatens to infringe any third party’s intellectual property rights, then you shall
immediately give a notice to Kobelco.

Article 8. Personal Information

You acknowledge and agree that you will provide your personal information to Kobelco in
the course of your use of LMS. Kobelco will handle your personal information pursuant to
“Privacy Policy for Learning Management System” (“Privacy Policy”) separately provided
by Kobelco with the Terms of Use. The terms and conditions of such Privacy Policy shall
be incorporated into the Terms of Use. It is deemed that you agree the Privacy Policy as a
part of the Terms of Use.

Article 9. No Warranty and Disclaimer

9.1 You acknowledge and agree that following events may occur in the course of the use
of LMS. Kobelco shall not be liable for any losses or damages incurred by you due to
following events, unless such events are caused by Kobelco’s willful misconduct or
gross negligence:
(i) delays or non-performances of providing the Training or the Training Materials,
temporarily or permanently, due to the causes beyond the control of Kobelco,
including but not limited to: (a) acts of Gods; (b) maintenance or trouble on
system server used for LMS; (c) maintenance, trouble or failure on system of
wireless communication company used for LMS; (e) change, suspension or
termination of communication service provided by wireless communication
company used for LMS; or (f) other circumstances of wireless communication
company; or
(ii) where you are not able to browse or use LMS or the Training Materials due to
the causes attributable to your environment, including but not limited to, change,
suspension or termination of the Internet services which you use.
9.2 EXCEPT AS EXPRESSLY SET FORTH HEREIN, KOBELCO MAKES NO WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF ANY INFORMATION
PROVIDED OR OBTAINED BY USE OF LMS, THE TRAINING OR THE TRAINING
MATERIALS, OR NON-INFRINGEMENT AGAINST RIGHTS OF ANY THIRD PARTY
INCLUDING BUT NOT LIMITED TO THE INTELLECTUAL PROPERTY RIGHTS OF
 ANY THIRD PARTY, NOR ARE ANY OTHER WARRANTIES MADE EXPRESS OR
IMPLIED.

Article 10. Suspension

10.1 Kobelco may change, suspend or terminate to provide LMS without prior notice to
you at any time that, in Kobelco’s determination, it is reasonable to do so.
10.2 Even if any losses or damages are incurred by you due to change, suspension or
termination under Article 10.1 above, Kobelco shall not be responsible to you unless
such losses or damages incurred due to Kobelco’s willful misconduct or gross
negligence.

Article 11. User’s Liability

You shall be liable for and compensate any damages, losses, costs and expenses incurred
by Kobelco or third parties, including but not limited to service provider, licensor, vendor or
supplier involved in providing LMS, arising out of, directly or indirectly, your default or
breach of your obligation under the Terms of Use.

Article 12. Governing Law and Settlement of Disputes

12.1 The Terms of Use shall be governed by and construed in accordance with the laws
of Japan, without regard to the conflict of laws principle or rule. No provision of
United Nations Convention on Contracts for the International Sale of Goods shall
apply to the Terms of Use.
12.2 All disputes, controversies or differences arising out of or in connection with the
Terms of Use shall be finally settled by arbitration in accordance with the Commercial
Arbitration Rules of The Japan Commercial Arbitration Association. The place of the
arbitration shall be Tokyo, Japan. The arbitral proceedings shall be conducted in
English.

Article 13. No Assignment

You may not, without the prior written consent of Kobelco, transfer the contractual status
under the Terms of Use to a third party, assign or transfer all or part of its rights and
obligations under the Terms of Use to a third party, or encumber its rights under the
Terms of Use as collateral.

Article 14. Severability

If any provision or provisions of the Terms of Use were held to be invalid, illegal or
unenforceable in whole or in part, such provision or provisions of the Terms of Use is invalid,
illegal or unenforceable to the extent of its invalidity, illegality or enforceability, and the
validity, legality and enforceability of the remaining provisions of the Terms of Use shall
not in any way be affected or impaired thereby.

Article 15. No Waiver

Any provision of the Terms of Use shall not be considered to be waived by Kobelco unless
such notice of waiver is given in writing by Kobelco. Even if such notice has been given,
such waiver shall not be construed as being a waiver of any other past or future right of
Kobelco under the provision of the Terms of Use, unless otherwise expressly stipulated
therein. Failure of Kobelco to insist upon strict performance of any of the terms and
conditions hereof, or failure or delay of Kobelco to exercise any act, right, or remedy
provided herein or by law shall not relieve you of liability under any guarantee or of
obligations under the Terms of Use and shall not be deemed a waiver of any right of
Kobelco to insist upon strict fulfillment of the Terms of Use or of any of the Kobelco’s right
or remedies as to LMS.

Article 16. Entire Agreement

The Terms of Use, including the modified Terms of Use, herein constitute the entire
agreement between you and Kobelco as to the subject matter hereof and supersedes all
previous negotiations, agreements and writings in respect thereto. In no event shall, unless
and except to the extent it has been specifically reduced into writing and explicitly set out
in the Terms of Use, including the modified Terms of Use: (i) any representation, warranty
or other statement (whether in writing or otherwise) made by any party be of any effect
(and is expressly disclaimed by such party); or (ii) any right or benefit be granted to any
party; or (iii) any remedy be available by any party.

Effective as of August 1st, 2021

～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～
Privacy Policy about Learning Management System

Kobelco Construction Machinery Co., Ltd. and its group companies (hereinafter collectively
“Kobelco”) will properly handle personal information of Learning Management System users
(hereinafter, "User"), acquired through the Learning Management System (hereinafter,
"LMS"), as follows.

1. Basic Policy
Kobelco recognizes that all personal information provided by User through LMS must be
handled and protected with the utmost care. Therefore, Kobelco will follow the basic policy
stated below to fulfill its responsibility.

1) In handling any personal information, Kobelco pledges to fully comply with the Personal
Information Protection Law (hereinafter the “Law”), other relevant laws and regulations,
and pursuant to practices in this respect that are generally accepted as fair and reasonable.
Further, Kobelco will continuously endeavors to improve handling such personal
information.
2) Kobelco will continuously update and revise rules and management systems for handling
and protection of personal information and ensure compliance by its employees with such
rules and systems. Further, Kobelco will ensure to appropriately supervise their trustees if
any.
3) Kobelco will use personal information only to the extent and for the purposes specified
(hereinafter the “Purpose”), which will be announced or noticed to User.
4) Kobelco will take necessary measures to properly manage and protect personal information
to prevent it from being leaked, lost, and falsified.
5) Kobelco through its specific office will faithfully make all efforts to promptly receive, correct,
revise, delete or cease personal information in possession upon verification that the personal
making the request is indeed the data subject.

2. Purposes of use of personal Information

Kobelco may lawfully use personal information only as needed for its business performance
according to its business purposes to the extent that it may require:
1) to provide training for User to improve their service knowledge and skills;
2) to propose training programs for improving service knowledge and skills of User ;
3) to refer to the training status and the acquired qualification, for the management
supervisor of User; and
4) to refer to the training status and the acquired qualification of User, by Kobelco.
3. Use of Personal Information Within Kobelco Group Companies
Kobelco may share personal information, including personal name, address, telephone
number, mail address, qualification acquisition status, training attendance status, place of
employment, job title, etc., with its group companies as listed herein for the Purpose. Kobelco
will be solely responsible for such use. For any inquiries, complaints please refer to the contact
address stated hereunder.

4. Disclosure to Third Party

Kobelco will not disclose personal information to any third party except for use of personal
information within Kobelco or to its trustees stated above and the following cases:
1) When User’s approval is granted beforehand;
2) When the disclosure is in a statistical form which does not identify person;
3) When the disclosure is required by applicable laws and ordinances. Also, Kobelco may
disclose User’s personal information to respond to subpoenas, and court orders;
4) When the disclosure is necessary to protect human life, human body and personal property,
while it is difficult to obtain User’s agreement to disclose his or her personal information; or
5) When the disclosure of personal information is necessary to support a public operation of
the national government or the municipality that person’s refusal to allow the disclosure of
personal information would limit the accomplishment of such operation.

5. Management on LMS
Kobelco will protect personal information from being divulged or falsified, and take all the
measures promptly in case of emergency.

6. Disclosure
You may request to obtain confirmation concerning whether Kobelco is holding or processing
personal data relating to you, and confirmation concerning the use of the personal
information in possession of Kobelco. If such a request is made, Kobelco requires that your
proof of identity should be provided. When Kobelco finds it necessary to disclose, Kobelco will
disclose your personal information in possession of Kobelco to you to a reasonable extent and
in a reasonable period of time.

7. Correction, Deletion, etc.

You may request to correct, add or delete your personal information. If such a request is made,
Kobelco requires that your proof of identity should be provided. When Kobelco finds it
necessary to correct, add or delete, Kobelco will correct, add or delete your personal
information in possession of Kobelco to a reasonable extent and in a reasonable period of time.

8. Suspension of Use and Elimination

 You may request to cease the use or eliminate personal information. If such a request is made,
Kobelco requires that your proof of identity should be provided. When Kobelco finds it
necessary to cease the use or eliminate in accordance with the Law, Kobelco will cease the
use or eliminate your personal information in possession of Kobelco to a reasonable extent
and in a reasonable period of time.
Please note that if part or all of your personal information becomes unavailable to Kobelco,
Kobelco may not be able to provide satisfying service. Your kind understanding and
cooperation will be appreciated. (There may be cases that Kobelco is not able to answer your
request to suspend Kobelco’s use of or to delete the personal information, if the personal
information were managed in accordance with the related laws and regulations.)

9. Contacts
Inquiries in relation to any of your requirements mentioned in above Sections 6, 7 and 8
concerning your personal information handled by Kobelco as well as your inquiries related to
other personal information is to be sent to the contact address stated below.

Contact for inquiries

Your inquires will be accepted by the contact for inquiries where you have been notified
Kobelco at the time you provided your personal information, or by the person in charge if you
have an account with Kobelco. You will be informed of details of the method of confirmation
of your identity and the fee at the time you contact them. Please contact the following
reference desk if you are uncertain about where to contact.

Reference for contact information:

Kobelco Construction Machinery Co., Ltd.

Our Group Companies

[1] Domestic leading companies
Kobelco Construction Machinery Japan Co., Ltd.
Kobelco Construction Machinery Engineering Co., Ltd.
Kobelco Construction Machinery International Trading Co., Ltd.
Kobelco Training Services Co., Ltd.

[2] Overseas leading companies

Kobelco Construction Machinery (China) Co., Ltd. (China)
Chengdu Kobelco Construction Machinery Financial Leasing Ltd. (China)
Hangzhou Kobelco Construction Machinery Co., Ltd. (China)
Kobelco Construction Machinery Southeast Asia Co., Ltd. (Thailand)
Kobelco International (S) Co., Pte. Ltd. (Singapore)
 Ricon Private Ltd. (Singapore)
PT. Daya Kobelco Construction Machinery Indonesia (Indonesia)
Kobelco Construction Machinery Malaysia Sdn. Bhd. (Malaysia)
Kobelco Construction Equipment India Pvt. Ltd. (India)
Kobelco Construction Machinery Australia Pty. Ltd. (Australia)
Kobelco Construction Machinery Middle East & Africa Fzco. (U.A.E)
Kobelco Construction Machinery U.S.A. Inc. (U.S.A)
Kobelco Construction Machinery Europe B.V. (Netherlands)

Notice on Processing of Personal Information Collected within the EEA

1．General information
Kobelco use your personal information in compliance with the applicable personal
information protection regulations. Below you will be informed about which personal
information Kobelco collect and store from you. You will also be informed about how and for
what purpose your personal information is used and what rights you have with regard to your
personal information to be used by Kobelco.

2．Collection and storage of personal information and the nature and purpose of its use
Kobelco collect your personal information, such as the following information, if necessary:
Your first name and surname
Your address
Your telephone number (landline and / or mobile)
Your personal e-mail address, and fax number if necessary
Your employer, your company, etc.

The personal information is collected in certain situations like the following:

to identify you as Kobelco’s existing or potential customer
to be able to correspond with you and / or otherwise get in touch with you
to successfully process your request / instruction
to issue invoices
to be able to settle any liability claims by you against Kobelco
to be able to track and enforce any (payment) claims by us against you

Your personal information is processed based on your request or instruction. Processing of

personal information is necessary for the appropriate processing of your request and for the
mutual performance of obligations under a contract (Art. 6 par.1 (b) of GDPR). Your personal
information will be stored or collected electronically.
 The personal information collected by Kobelco within the scope approved by you will be stored
or kept until the expiry of the statutory retention period and then deleted or destroyed;
provided, however, that Kobelco will comply with other regulations if Kobelco are subject to
a longer storage / retention obligation due to other legal regulations (Art.6 par. 1 (c) of GDPR),
and / or you have consented to a continuation of contractual relationship with Kobelco for a
long-term storage / retention of your personal information or have instructed us accordingly
(Art. 6 par. 1 (a) of GDPR).

3．Disclosure of personal information to third parties

Kobelco basically do not transfer your personal information to third parties (e.g. other
companies within Kobelco’s group or Kobelco’s contractors) for purposes other than those
listed below. Your personal information may be transferred only to the extent necessary for
the processing scheduled under the contractual relationship with Kobelco. The transferred
information may only be used by the recipient scheduled for the stated purposes. Of course,
a transfer to third parties is made only in your interest that can gain your understanding and
upon consultation with you. The employees of Kobelco who handle your personal information
are subject to a strict confidentiality obligation, the compliance of which Kobelco constantly
monitor. Other persons to whom Kobelco outsource our work and who handle your personal
information are obliged by Kobelco to keep confidentiality in writing, and are monitored by
us to be prevented from beaching such obligation, and will be punishable if breaching the
same.
In the case that it is necessary to transfer your personal information to any third party who
is in any overseas country, Kobelco will explain to that effect and take necessary measures
prior to such transfer.

4．Your rights as the subject of the personal information

You have the right to withdraw your consent you have once given to us at any time in
accordance with Art. 7 par. 3 of GDPR. The withdrawal of your consent does not affect the
lawfulness of the processing based on your prior consent.
The withdrawal of your consent only has the consequence that Kobelco are not allowed to
continue processing of your personal information for the future based on such consent.

You have the right to request disclosure of the information about your personal information
processed by us in accordance with Art. 15 of GDPR.

In particular, you can request disclosure of the information about:

the processing purposes

 the categories of personal information that will be or have been processed
the recipients or categories of recipients to whom your information will be or has been
disclosed
the planned storage duration
the right to rectify, erase or restrict processing or to object to processing
the existence of a right of appeal to a supervisory authority
the source of your personal information, if such information is not collected from you
the existence of automated decision-making, including profiling, and where relevant,
meaningful information about the logic involved, and the scope and intended impact of such
processing on you

You have the right to ask, without delay, for the rectification of incorrect personal information
concerning you or the storage of complete information by us, if such information is incomplete,
in accordance with Art. 16 of GDPR.

You have the right to demand the deletion of your personal information stored by us in
accordance with Art. 17 of GDPR; provided, however, that this does not apply if the processing
of your personal information is necessary:

to exercise the right of freedom of expression and information

to fulfill a legal obligation
for reasons of public interest in the field of public health
for archiving purposes in the public interest, for scientific or historical research purposes or
for statistical purposes
to assert, exercise or defend legal claims

You have the right to demand the restriction of the processing of your personal information in
accordance with Art. 18 of GDPR.

This applies only as far as:

the accuracy of the information is disputed by you

the processing is unlawful, but you reject the deletion of the information and instead request
the restriction of its use
Kobelco no longer need the information, but you need the information to assert, exercise or
defend legal claims

You have the right to object to processing in accordance with Art. 21 of GDPR.
You have the right to receive your personal information, which you have provided to us, in a
structured, commonly used and machine-readable format, or to request transmission of such
information to another person who shall be responsible, in accordance with Art. 20 of GDPR.

You have the right to complain to a supervisory authority in accordance with Art. 77 of GDPR.

As a rule, you can contact the supervisory authority of your usual place of residence or
workplace or our office.

5．Right of objection
If your personal information is processed based on legitimate interests under Art. 6 par. 1 (f)
of GDPR, you have the right to object to the processing in accordance with Art. 21 of GDPR as
far as there are reasons which arise from your particular situation.

If you want to exercise your right to object, please send an e-mail to the following Personal
information controllers.

6．Personal information controllers

Based on GDPR, each department of individual Kobelco Group companies to which you
provided your personal information, shall be responsible for collecting, processing and using
your personal information. If you are not sure where to contact, please send an e-mail to:
Email：cs_training@kobelconet.com