Effective as of October 3^rd, 2022

This Remote Services Process Statement describes Toromont Industries Ltd., our divisions’ and subsidiaries’ (collectively, “Toromont”) software update process for select Product Link^TM telematics and Cat® equipment control module (“ECM”) software that is made available by Caterpillar Inc. (“Caterpillar”) and provided by Toromont (“Remote Services”). 

Our website contains links to third party websites. We are not responsible for such sites, what information they provide and what privacy policies they maintain. You can obtain a copy of this Remote Services Process Statement in paper form at Toromont Industries Ltd., 3131 Highway 7 West, P.O. Box 5511, Concord, Ontario, L4K 1B7, or electronically from our corporate website at http://www.toromont.com/policy.asp.

Capabilities

• Toromont is dedicated to providing you with excellent technology offerings and premium service. Depending on your product configuration and service choices, the Remote Services empower you with a suite of capabilities including:
  • Remote software updates, which offer the capability to update select Product Link^TM telematics and Cat® ECM software by sending the files directly to your product, remotely over the air (“Remote Software Updates”);
  • Remote diagnostics; and
  • Local services, which allow servicing of equipment within WiFi range.
    
• This Remote Services Process Statement describes Toromont’s practices for managing Remote Software Updates for Product Link^TM telematics and Cat® ECM Software. Remote Software Updates provide value to customers by:
  • Decreasing the need for travel to physically access the equipment;
  • Lowering the cost of support services needed by customers;
  • Increasing uptime by more quickly addressing issues; and
  • Providing better, more reliable data for more efficient support preparation, software and asset performance improvements, and more.
    
    

How To Receive Remote Software Updates

We respect your choices and manage the Remote Services to maximize the value of your Product Link^TM telematics and Cat® ECM Software, optimize your support relationship with us and Caterpillar, and comply with applicable laws and regulations. As a basic principle, Toromont uses its good faith efforts to provide you with notices of updates as soon as reasonably practicable. Our ability to provide notice is dependent on receiving your most current contact information.

Notice may be provided through a variety of means as appropriate for the update, including through email or a mobile or web-based application. The communication process for updates typically depends on the type of flash being performed, as described below:

• Routine Minor Updates. For routine and low-risk updates to telematics devices, Toromont will use its good faith efforts to provide you with advanced notice and give you the option to elect not to enable that update if, for any reason, you do not wish to receive it. Such routine updates include bug fixes and minor updates, feature enhancements, and performance improvements.
  
• Major Updates. When the impact of a flash update reaches beyond a minor update, the update will only be installed after you or your service technician (which may be Toromont) first activates that update using an approved mobile or web-based application or other means designed to ensure that you consent to the update and validate the product is in a safe state to process it. A major update may include any of the below circumstances:
  
  • Flashing new control ECM (e.g., engine, transmission, etc.);
  • Remotely changing a configuration parameter of a control ECM;
  • Enabling a feature or software enabled attachment;
  • Changing subscription levels that would cause the customer to incur additional costs or materially change the personal information collected; and
  • Major updates to the telematics software that affect the Asset (as defined in the Toromont Data Governance Statement[DCLS1] ), such as a change to the telematics firmware or a remotely configurable element of a system control module that may change the performance of that asset or system.
    
• Updates Improving Security or Safety. Should an update be deemed necessary to improve the security or safe operation of the machine or a system, we may provide notice to you after the update has been completed.
  
• Network Carrier Updates. Consistent with industry practices, Toromont and our cellular network providers may remotely update the roaming list and network information on the SIM (Subscriber Identity Module) in your Product Link^TM telematics without providing notice to you.
  
  

Toromont Connection Product Data Principles and Data Governance Statement

Many of our digital technologies and services, including Remote Services, rely on product connectivity and the data and over-the-air access that are enabled as a result of connectivity. Additional information on our practices for collecting and managing connected product data is available in the Toromont Data Governance Statement[AB2]  and any privacy notices applicable to your digital offering subscriptions. For more information on how we collect, use, and disclose personal information, please refer to the Toromont Privacy Statement.

Caterpillar also manages Remote Software Updates and your choices relating to Remote Software Updates. For more information on how Caterpillar manages your updates and choices, please refer to the Caterpillar Data Governance Statement.

Contact Information

You may contact us if you have any questions or would like to learn more about the Remote Services Process Statement by email at [email protected].

This Remote Services Process Statement may be modified and supplemented from time to time.