TERMS AND CONDITIONS OF SERVICE – RINNAI HOME APP

Please read these Terms and Conditions of Service (the Agreement) carefully. By clicking or

tapping “Accept,” “OK” or “Agree” (or a similar term) in connection with this Agreement, or by

using the Service (as defined below), you agree to be bound by this Agreement. We

recommend that you retain a copy of this Agreement for your reference. If unable to do so,

you may request a copy from us by emailing rinnaihome@rinnai.com.au

This Agreement is between you and Rinnai Australia Pty Ltd (ABN 74 005 138 769) (the

Company) concerning your use of (including any access to) the Rinnai Home Application

(together with any materials, information and services available in connection with such

application, and any successor application(s) (the App). The App, together with the embedded

software installed in selected Company products for the purpose of controlling, operating and

monitoring such products using the App (the Product Software), are referred to collectively

in this Agreement as the Service. This Service is fully accessible only where the mobile or

other device and the relevant Company products are connected to the same WiFi network and

are operating within working range. This Agreement incorporates any additional terms and

conditions with respect to the Service that are made available by the Company through

the Service, or otherwise made available to you by the Company, in accordance with the terms

of this Agreement.

By clicking or tapping “Accept,” “OK” or “Agree” (or a similar term) in connection with this

Agreement, or by using the Service, you affirm that you are over the age of 18 and have the

capacity to enter into this Agreement.

If you are an individual accessing or using the Service on behalf of, or for the benefit of, any

corporation, partnership or other entity with which you are associated (an “organisation”), then

you are agreeing to this Agreement on behalf of yourself and such organisation, and you

confirm that you have the legal authority to bind such organisation to this Agreement.

References to “you” and “your” in this Agreement will refer to both the individual using the

Service and to any such organisation.

1. Our Right to Make Changes. The Company may change this Agreement from time to

time, such as to reflect changes in the Services, relevant laws and regulatory requirements,

by notifying you of such changes by any reasonable means and by making available a revised

Agreement through the Service or App. Any such changes will not apply to any dispute

between you and the Company arising prior to the date on which we make available the

revised Agreement incorporating such changes, or otherwise we notified you of such

changes.

Your clicking or tapping “Accept,” “OK” or “Agree” (or a similar term) in connection with this

Agreement, or your use of the Service following any changes to this Agreement will constitute

your acceptance of such changes. The “Last Updated” below indicates when this Agreement

was last changed. We may, at any time and without liability, (a) modify or discontinue all or

part of the Service (including access to the Service via any third-party links) for valid reasons

(e.g. to reflect changes in relevant laws and regulatory requirements, to protect security or to

implement reasonable technical adjustments and improvements); (b) charge, modify or waive

any fees required to use the Service where reasonably necessary; or (c) offer opportunities to

some or all Service users. We will seek to notify you by any reasonable means of (i) any

modifications to the Service that will have a material adverse effect on the use of the Service,

taken as a whole; and (ii) any material increase in the fees charged by us to use the Service.

We reserve the right to introduce new features or functionality for which the payment of fees

may be required and shall notify you of such fees by reasonable means. Such fees will not

apply to you unless you accept such new features or functionality.

2. Information Submitted Through the Service. Your submission of information through

the Service is governed by the Service’s Privacy Policy, (the Privacy Policy). You confirm

that any information you provide in connection with the Service is accurate and complete, and

that you will maintain and update such information as needed. You also acknowledge and

agree that we will have no liability associated with or arising from your failure to provide

accurate registration information.

3. Jurisdictional Issues. The Service is controlled and or operated by the Company as set

out in Section 17, below, and is not intended to subject the Company to any jurisdiction or law

except as set out in Section 17 below. The Service may not be appropriate or available for

use in some jurisdictions. You must comply with all applicable laws, rules and regulations in

connection with your use of the Service. We may limit the Service availability at any time, in

whole or in part, to any person, geographic area or jurisdiction that we choose, for valid

reasons (e.g. to comply with relevant laws and regulatory requirements, to protect security or

to implement reasonable technical adjustments and improvements).

4. Rules of Conduct. In connection with the Service, you must not:

(1) Post, transmit or otherwise make available through or in connection with the Service any

materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or

otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent;

trademark, trade secret, right of publicity or privacy or any other proprietary right, without the

express prior written consent of the applicable owner.

(2) Post, transmit or otherwise make available through or in connection with the Service any

virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or

program that is or is potentially harmful or invasive or intended to damage or hijack the

operation of, or to monitor the use of, any hardware, software or equipment (each, a Virus).

(3) Use the Service for any commercial purpose, or for any purpose that is fraudulent or

otherwise unlawful.

(4) Harvest or collect information about users of the Service.

(5) Interfere with or disrupt the operation of the Service or the servers or networks used to

make the Service available, including by hacking or defacing any portion of the Service; or

violate any requirement, procedure or policy of such servers or networks.

(6) Restrict or inhibit any other person from using the Service.

(7) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan,

timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as

expressly authorised under this Agreement, without Company’s express prior written consent.

(8) Reverse engineer, decompile or disassemble any portion of the Service, except where

such restriction is expressly prohibited by applicable law.

(9) Remove any copyright, trademark or other proprietary rights notice from the Service.

(10) Incorporate any portion of the Service into any product or service, without the Company’s

express prior written consent.

(11) Systematically download and store Service content.

(12) Use any robot, spider, site search/retrieval application or other manual or automatic

device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or

reproduce or circumvent the navigational structure or presentation of the Service, without the

Company’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all

telecommunications and other services needed for you to use the Service.

5. Registration, User Names and Passwords. You may need to register to use all or part

of the Service. We may reject, or require that you change, any user name, password or other

information that you provide to us in registering, in each case for any valid reason. Your user

name and password are for your personal use only and you should keep your user name and

password confidential. The Company is not responsible for any use or misuse of your user

name or password caused by your failure to keep your user name or password confidential.

In each case, you must promptly notify us of any confidentiality breach or unauthorised use of

your user name or password, or your Service account of which you become aware.

6. Submissions. Certain Service functionality may provide users with the ability to make

available certain data, information or materials (each, a Submission) through or in connection

with the Service, including in connection with use of the App, the Product Software and/or the

Company’s products. Except as set forth in the Privacy Policy, the Company has no control

over and is not responsible for Submissions, any use or misuse (including any distribution) by

any third party of Submissions or for any of your interactions with any other Service users. If

you choose to make any of your personally identifiable or other information publicly available

through the service, except as set forth in the Privacy Policy, you do so at your own risk.

7. Our Right to Use Submissions. For purposes of clarity, you retain all rights and ownership

of your Submissions. The Company does not claim any ownership rights in your content.

For each Submission that you make available through or in connection with the Service (each,

Your Submission), you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive,

perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) licence,

without additional consideration to you or any third party, to reproduce, distribute, perform and

display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise

use, analyse and exploit Your Submission, in any format or media now known or hereafter

developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials

(Feedback), whether related to the Service or otherwise, such Feedback will be deemed Your

Submission. You agree that such Feedback is not confidential, and that your provision of such

Feedback is gratuitous, unsolicited and without restriction, and does not place the Company

under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licences granted in this section;

(b) Your Submissions are complete and accurate; and (c) Your Submissions and your

provision thereof to us (whether through and in connection with the Service or otherwise) and

are not fraudulent or otherwise in breach of any applicable law or any right of any third party.

You further irrevocably waive (and consent to us performing any acts or omissions in relation

to Your Submissions and associated materials that may be inconsistent with) any “moral

rights” or other rights with respect to attribution of authorship or integrity of materials regarding

Your Submissions that you may have under any applicable law.

8. Monitoring of Submissions and Use of the Service. The Company may (but have no

obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on

the Service, or analyse your access to or use of the Service. The Company may disclose

information regarding your access to and use of the Service, and the circumstances

surrounding the transmission of Submissions, and personal information regarding any users

who made Submissions available, in each case in accordance with any requirement under

applicable law, or any request by any law enforcement authority, court or other governmental

authority, or otherwise in accordance with the Privacy Policy.

9. Your Rights to Use the App and Product Software. The App and the Product Software

are licenced (not sold) to end users. Subject to your compliance with this Agreement and for

the duration of this Agreement, we permit you, on a limited, non-exclusive, revocable, non-

transferable, non-sublicensable basis, to install and use the App on a device that you own or

control, and to use the Product Software in connection with the Company product that you

own or control, in each case for your personal, non-commercial use. If you fail to comply with

any of the terms or conditions of this Agreement relating to your use of the App or the Product

Software, you must immediately cease using the App and the Product Software and delete

the App from your device.

10. The Company’s Intellectual Property (IP) Rights. We and our suppliers own the

Service, which is protected by proprietary rights and laws. Our trade names, trademarks and

service marks include Rinnai, Rinnai Home, and the associated logos. You agree that the

Service contains proprietary information and material that is owned by the Company and or

its suppliers, and is protected by applicable intellectual property and other laws, including but

not limited to copyright. You agree that you will not use such proprietary information or material

in any way whatsoever except for use of the Service in compliance with this Agreement. No

portion of the Service may be reproduced in any form or by any means, except as expressly

permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create

derivative works based on the Service in any manner, and you shall not exploit the Service in

any unauthorised way whatsoever, including but not limited to, by trespass or burdening

network capacity.

All trade names, trademarks, service marks and logos on the Service not owned by us are the

property of their respective owners. You may not use our trade names, trademarks, service

marks or logos in connection with any product or service that is not ours, or in any manner

that is likely to cause confusion. Nothing contained on the Service should be construed as

granting any right to use any trade names, trademarks, service marks or logos without the

express prior written consent of the owner.

11. Third Party Materials and Links. Certain Service functionality may make available

access to information, products, services and other materials made available by third parties,

including Submissions (Third Party Materials), or allow for the routing or transmission of such

Third Party Materials, including via links. By using such functionality, you are directing us to

access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials,

including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality,

usefulness or safety of Third Party Materials, or any intellectual property rights in such Third

Party Materials. Certain Third Party Materials may, among other things, be inaccurate,

misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or

warranty by the Company with respect to any Third Party Materials. We have no obligation to

monitor Third Party Materials, and we may block or disable access to any Third Party Materials

(in whole or part) through the Service at any time. In addition, the availability of any Third Party

Materials through the Service does not imply our endorsement of, or our affiliation with, any

provider of such Third Party Materials, nor does such availability create any legal relationship

between you and any such provider.

Your use of third party materials is at your own risk and is subject to any additional terms,

conditions and policies applicable to such third party materials (such as terms of service or

privacy policies of the providers of such third party materials).

12. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions

(collectively, the Promotions) made available through the Service may be governed by rules

that are separate from these terms and conditions of Service. If you participate in any

Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a

Promotion conflict with these terms and conditions, the Promotion rules will take precedence.

13. Disclaimer of warranties. To the fullest extent permissible under applicable law, the

Service is made available to you on an “as is,” “where is” and “where available” basis, without

any warranties or conditions of any kind, whether express or implied.

The Company disclaims all warranties with respect to the Service to the fullest extent

permissible under applicable law, including the warranties of merchantability, fit for a specific

purpose, non-infringement and title.

To the fullest extent permissible under applicable law, and subject to any applicable terms and

conditions or policies applicable to the use of Third Party Materials as set out in section 11,

Third Party Materials are made available to you on an “as is,” “where is” and “where available”

basis, without any warranties of any kind, whether express or implied. The Company disclaims

all warranties with respect to the Third Party Materials.

Without limiting the generality of the foregoing, to the fullest extent permissible under

applicable law, the Company makes no representation or warranty that the Service will be

secure, that any user name, password or other security measure that you may use or allow

others to use in connection with the Service will prevent unauthorised access to your Service

account or related information, or that your service account or related information will not be

accessed or misused by any third party.

All disclaimers of any kind in this Agreement (including in this section and elsewhere in this

Agreement) are made for the benefit of both the Company and its affiliates and their respective

shareholders, directors, officers, employees, representatives, licensors, suppliers and service

providers, and their respective successors and assigns (collectively, the Related Parties).

While we will seek to undertake reasonable steps to maintain the timeliness, integrity and

security of the Service, we cannot guarantee that the Service is or will remain updated,

complete, correct or secure, or that access to the Service will be uninterrupted. The Service

may include inaccuracies, errors and materials that violate or conflict with this Agreement.

Additionally, third parties may make unauthorised alterations to the Service. If you become

aware of any such alteration, please contact us at rinnaihome@rinnai.com.au with a

description of such alteration and its location on the Service.

14. Limitation of liability. Nothing in this Agreement restricts, excludes or modifies or

purports to restrict, exclude or modify any mandatory statutory consumer rights under

applicable law.

In respect of any conditions, warranties or guarantees that cannot be excluded under

applicable laws, to the extent permitted by applicable law, our liability is limited (at our option)

to the resupply or refund of the cost of the relevant portion of the Service.

The Company will not be liable for any indirect, incidental, special, exemplary or punitive

damages of any kind, or losses that were not foreseeable to you or the Company at the time

you entered into this Agreement, in each case arising out of or in connection with the Service

or this Agreement, and under any contract, tort (including negligence), strict liability or other

theory (collectively, Indirect Losses). Loss or damage is foreseeable if either it is obvious that

it will happen or if, at the time the contract was made, both the Company and you knew it might

happen.

Without limiting the foregoing, the Company will not be liable for Indirect Losses of any kind

resulting from your use of or inability to use the Service or from any Third Party Materials or

products, including from any Virus that may be transmitted via the Service or any products or

Third Party Materials.

The Related Parties do not exclude or limit in any way our liability to you where it would be

unlawful to do so. This includes liability for death or personal injury caused by the Company’s

negligence or the negligence of its employees, or subcontractors, or for fraud or fraudulent

misrepresentation.

The aggregate liability of the Company for all damages, losses and causes of action arising

out of or in connection with the Service or this Agreement, whether in contract, tort (including

negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by

you to the Company to use the Service; and (b) ten Australian dollars ($10).

All limitations of liability of any kind in this Agreement (including in this section and elsewhere

in this Agreement) are made for the benefit of both the Company and the other Related Parties.

In respect of any conditions, warranties or guarantees that cannot be excluded under statute,

to the extent permitted under applicable law, our liability is limited, at our discretion, to the

resupply or refund of the cost of relevant Services.

15. Third Party Claims. In the event of any legal proceedings being brought against the

Company and or its Related Parties by a third party as a result of your breach of this

Agreement or your infringement of any third-party right (including any intellectual property or

data privacy right), you will indemnify and keep indemnified the Company and or its Related

Parties against all liabilities, damages, judgments, awards, losses, costs, expenses and fees

(including reasonable solicitor fees) incurred by the Company and or its Related Parties.

16. Termination. This Agreement is effective until terminated. The Company may terminate

or suspend your right to use the Service and/or terminate this Agreement if you do not comply

with the terms contained in this Agreement. Where reasonable under the circumstances, the

Company will provide you with at least twenty-four (24) hours’ prior notice of any suspension

or termination of your right to use the Service, provided that if we reasonably believe that you

have materially breached this Agreement, we can immediately suspend or terminate your right

to use the Service. You can stop using the Service at any time.

Following the effective time of any such termination or suspension, your right to use the

Service will immediately cease, and the Company may, without liability to you or any third

party, immediately deactivate or delete your user name, password and account, and all

associated materials, without any obligation to provide any further access to such materials.

The Preamble and Sections 2–8 and 10–23 shall survive any expiration or termination of this

Agreement.

17. The Governing Law and Jurisdiction. The applicable law with respect to which this

Agreement will be governed by and construed (without regard to such laws’ principles of

conflicts of law) whether based in contract, tort, statute, fraud, misrepresentation or any other

legal theory and including non-contractual disputes or claims is the laws of the State of

Victoria, Australia.

The courts which have exclusive jurisdiction over disputes between you and the Company

arising out of or in relation to the Service or this Agreement is the Federal and State Courts of

Australia.

18. Filtering. We notify you that parental control protections (such as computer hardware,

software or filtering services) are commercially available that may assist you in limiting access

to material that is harmful to minors. Information identifying current providers of such

protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-

control_software_and_providers. Please note that the Company does not endorse any of the

products or services listed on such site.

19. Information or Complaints. If you have a question or complaint regarding the Service,

please send an e-mail to rinnaihome@rinnai.com.au. You may also contact us by writing to

Rinnai Australia. 100 Atlantic Drive, Keysborough, Victoria 3173, Australia, or by calling us

at 1300 555 545. Please note that e-mail communications will not necessarily be secure;

accordingly, you should not include credit card information or other sensitive information in

your e-mail correspondence with us.

The Service is operated by:

RINNAI AUSTRALIA PTY LIMITED

Registered Address: 100 Atlantic Drive, Keysborough, VIC 3173, Australia

Place of Business: 100 Atlantic Drive, Keysborough, VIC 3173, Australia

Email Address: rinnaihome@rinnai.com.au

20. Copyright Infringement Claims. If you believe in good faith that materials available from

the Service infringe your copyright, you may send to the Company a written notice by mail to

100 Atlantic Drive, Keysborough, VIC 3173, Australia, by e-mail to rinnaihome@rinnai.com.au,

requesting that the Company remove such material or block access to it. If you believe in good

faith that someone has wrongly submitted to us a notice of copyright infringement involving

content that you made available through the Service, you may send to the Company a counter-

notice.

21. Export Controls. The Service is subject to the law relating to export controls in Australia

including any embargoes or other Federal rules and regulations restricting exports. We will

not knowingly make the Service available to you if you are, and you do not confirm that you

are not, (a) located in, or a resident or a national of, any country subject to a government

embargo or trade sanction; or (b) on any government lists of restricted end users.

22. Other Important Terms. This Agreement does not, and shall not be construed to, create

any partnership, joint venture, employer-employee, agency or franchisor-franchisee

relationship between you and the Company. Except as set forth in Sections 13, 14 and 23, no

one else has any rights under this Agreement (unless guaranteed by you). This Agreement is

between you and the Company. Except as set out in Sections 13, 14 and 23, no other person

shall have any rights to enforce any of the terms of this Agreement. If any provision of this

Agreement is found to be unlawful, void or for any reason unenforceable, that provision will

be deemed severable from this Agreement and will not affect the validity and enforceability of

any remaining provision. You may not assign, transfer or sublicense any or all of your rights

or obligations under this Agreement without our express prior written consent. The Company

may assign, transfer or sublicence any or all of our rights or obligations under this Agreement

without restriction. No waiver by either party of any breach or default under this Agreement

will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading,

caption or section title contained in this Agreement is for convenience only, and in no way

defines or explains any section or provision. All terms defined in the singular shall have the

same meanings when used in the plural, where appropriate and unless otherwise specified.

Any use of the term “including” or variations of such terms in this Agreement shall be construed

as if followed by the phrase “without limitation.” This Agreement, including any terms and

conditions incorporated in this Agreement, is the entire agreement between you and the

Company relating to the subject matter of this Agreement, and in the absence of fraud, and

supersedes any and all prior or contemporaneous written or verbal agreements or

understandings between you and the Company relating to such subject matter. Notices to you

(including notices of changes to this Agreement) may be made through the Service or by e-

mail (including in each case via links), or by regular mail. Without limitation, a printed version

of this Agreement and of any notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this Agreement to the same extent and

subject to the same conditions as other business documents and records originally generated

and maintained in printed form. Neither party will be responsible for any failure to fulfill any

obligation due to any cause beyond its control.

23. Terms Required by Apple. In addition to Sections 1 to 22 above, and notwithstanding

anything to the contrary in this Agreement, the following provisions in this Section 23 apply

with respect to your use of any version of the App compatible with the iOS operating system

of Apple Inc. (Apple). Apple is not a party to this Agreement and does not own and is not

responsible for the App. Apple is not providing any warranty for the App except, if applicable,

to refund the purchase price for it. Apple is not responsible for maintenance or other support

services for the App and shall not be responsible for any other claims, losses, liabilities,

damages, costs or expenses with respect to the App, including any third-party product liability

claims, claims that the App fails to conform to any applicable legal or regulatory requirement,

claims arising under consumer protection or similar legislation, and claims with respect to

intellectual property infringement. Any inquiries or complaints relating to the use of the App,

including those pertaining to intellectual property rights, must be directed to the Company in

accordance with Section 19 (Information or Complaints) above. The license you have been

granted in this Agreement is limited to a non-transferable license to use the App on an Apple-

branded product that runs Apple’s iOS operating system and is owned or controlled by you,

or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service.

In addition, you must comply with the terms of any third-party agreement applicable to you

when using the App, such as your wireless data service agreement. Apple and Apple’s

subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the

terms and conditions of this Agreement, will have the right (and will be deemed to have

accepted the right) to enforce this Agreement against you as a third-party beneficiary of this

Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, the Company’s

right to enter into, rescind or terminate any variation, waiver or settlement under this

Agreement is not subject to the consent of any third party.

Rinnai Australia Pty Ltd (ABN 74 005 138 769) (the Company) offers a mobile application to

allow you to control, monitor and operate selected Company products (App) subject to the

products and the mobile or other device being connected to the same WiFi network and are

operating within working range. We are committed to protecting your privacy, and want you to

be familiar with how we collect, use and disclose information in connection with the App.

This Privacy Policy describes our practices in connection with information that we collect

through the App and the embedded software installed in the Company’s products, as well as

through the services and content provided by the Company in relation to the App and software

(collectively, including the App, the Services). By providing Personal Information to us or using

the Services, you agree to this Privacy Policy.

Personal Information

The Company may collect the following information:

For the purpose of this Privacy Policy, Personal Information is information that identifies you

as an individual or relates to an identifiable person, including your name, email address,

residential address and telephone number.

If you submit any Personal Information relating to other people to us or to our service providers

in connection with the Services, you represent that you have the authority to do so and permit

us to use the information in accordance with this Privacy Policy.

The Company may collect Personal Information the following way(s):

The Company and our service providers may collect Personal Information through the

Services, such as when you create an account, register your product(s) and or sign up for a

newsletter.

The Company may use the Personal Information collected for the following purpose(s):

(1) To enable you to use the Services and provide you with related customer service;

(2) To provide you with updates to the App;

(3) To respond to your inquiries and fulfill your requests, such as to create an account or

send you newsletters;

(4) To provide maintenance support for your product(s);

(5) To send notices and administrative information to you, such as information regarding

the Services and changes to our terms, conditions and policies; and

(6) For our business purposes, such as data analysis, sales analysis, audits, fraud

monitoring and prevention, addressing issues with our Services, developing new

products, enhancing, improving or modifying our Services, identifying usage trends,

determining the effectiveness of our promotional campaigns and operating and

expanding our business activities.

The Company may disclose Personal Information in the following instances:

(1) To our parent company, Rinnai Japan, for the purposes described in this Privacy

Policy. The Company will remain the party responsible for the management of the

jointly-used Personal Information;

(2) To our third-party service providers who provide services such as app design,

development, interoperability and maintenance; data hosting; data analysis;

information technology and related infrastructure provision; customer service; email

delivery; auditing and other services; and

(3) To a third party in the event of any reorganization, merger, sale, joint venture,

assignment, transfer or other disposition of all or any portion of our business, assets

or stock (including in connection with any bankruptcy or similar proceedings).

Other Uses and Disclosures:

The Company may also use and disclose your Personal Information as we believe to be

necessary or appropriate: (a) under applicable law, which may include laws outside your

country of residence; (b) to respond to requests from courts, law enforcement agencies,

regulatory agencies, and other public and government authorities, which may include such

authorities outside your country of residence; (c) to enforce our terms and conditions; and (d)

to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

Other Information

The Company may also collect:

For the purpose of this Privacy Policy Other Information is any information that does not

reveal your specific identity or does not directly relate to an identifiable individual, such as

device information, App usage data, product usage data, IP address, physical location of your

product, demographic information and other information provided by you, aggregated

information.

If the Company is required to treat Other Information as Personal Information under applicable

law, then we may use it for the purposes for which we use and disclose Personal Information

as detailed in this Privacy Policy.

The Company may collect Other Information the following way(s):

We and our third party service providers may collect Other Information in a variety of ways,

including:

Through your device: Certain information is collected through your device or software, such

as your Media Access Control (MAC) address, screen resolution, operating system name and

version, device manufacturer and model, language, software type and version and the name

and version of the Services (such as the App) you are using. We use this information to ensure

that the Services function properly;

(1) Through your use of the App: When you download and use the App, we and our

service providers may track and collect usage data, such as the date and time the App

on your device accesses our servers and what information and files have been

downloaded to the App based on your device number;

(2) Through your use of your product(s): When you use the Services, we and our

service providers may collect information about your product(s), such as its model and

serial number. In addition, we may collect usage data, such as when and for how long

the product is on or off, operating mode, operating conditions and operating

parameters;

(3) IP Address: Your IP address is a number that is automatically assigned to the device

that you are using by your Internet Service Provider. An IP address may be identified

and logged automatically in our server log files whenever a user accesses the

Services, along with the time of the visit and the page(s) that were visited. Collecting

IP addresses is standard practice and is done automatically by many websites,

applications and other services. We use IP addresses for purposes such as calculating

usage levels, diagnosing server problems and administering the Services. We may

also derive your approximate location from your IP address;

(4) Physical Location: We may collect the physical location of your product(s) by, for

example, using WiFi signals. We may use the information to improve our products and

services and provide you with personalized location-based services and content;

(5) From you: Information such as your company name or country of residence is

collected when you voluntarily provide it; and

(6) By aggregating information: Aggregated Personal Information does not personally

identify you or any other user of the Services (for example, we may aggregate Personal

Information to calculate the percentage of our users who have a particular telephone

area code).

The Company may disclose Other Information in the following instances:

We may use and disclose Other Information for any purpose, except where we are required

to do otherwise under applicable law. In some instances, we may combine Other Information

with Personal Information (such as combining your name with your location). If we do, we will

treat the combined information as Personal Information as long as it is combined.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information

or other practices of any third parties, including any third party operating any site or service to

which the Services link. The inclusion of a link on the Services does not imply endorsement of

the linked site or service by the Company or by our related parties.

In addition, we are not responsible for the information collection, use, disclosure or security

policies or practices of other organisations, such as Apple, Google, Microsoft or any other app

developer, app provider, social media platform provider, operating system provider, wireless

service provider or device manufacturer, including with respect to any Personal Information

you disclose to other organisations through or in connection with the Services.

Security

The Company seeks to use reasonable organisational, technical and administrative measures

to protect Personal Information within our organisation. Unfortunately, no data transmission or

storage system can be guaranteed to be 100% secure. If you have reason to believe that your

interaction with us is no longer secure (for example, if you feel that the security of your account

has been compromised), please immediately notify us in accordance with the Contacting

Us section below.

Choices and Access

Your choices in relation to the disclosure of your Personal Information:

If you would prefer that the Company not share your Personal Information with our related

parties in future, you may opt-out of this sharing by contacting us at

privacy@rinnai.com.au. We will try to comply with your request as soon as reasonably

practicable.

How you can access, change or suppress your Personal Information:

If you would like to review, correct, update, suppress or delete Personal Information that you

have provided to the Company, you may do so by editing your user account or by contacting

us as set out in this Privacy Policy. In your request, please make clear what Personal

Information you would like to have changed, whether you would like to have your Personal

Information suppressed from our database or otherwise let us know what limitations you would

like to impose on the Company’s use of your Personal Information. For your protection, we

may only implement requests with respect to the Personal Information associated with the

particular email address that you use to send us your request, and we may need to verify your

identity before implementing your request. We will try to comply with your request as soon as

reasonably practicable.

Records Retention

The Company may need to retain certain information for record-keeping purposes. There may

also be residual information that will remain within our databases and other records, which will

not be removed.

The Company will retain your Personal Information for the period necessary to fulfill the

purposes outlined in this Privacy Policy unless a longer retention period is required or

permitted by law.

Use of the Services by Minors

The Services are not directed to individuals under the age of eighteen (18), and we request

that they not provide Personal Information through the Services.

Cross-Border Transfer

The Services are controlled and operated by us from Australia and are not intended to subject

us to the laws of any other jurisdiction. Your Personal Information may be stored and

processed in any country where we have facilities or in which we engage service providers,

including Japan, and, by using the Services, you consent to the transfer of information to

countries outside of your country of residence, which may have data protection rules that are

different from those of your country. In certain circumstances, courts, law enforcement

agencies, regulatory agencies or security authorities in those other countries may be entitled

to access your personal information.

Sensitive Information

We ask that you not send the Company, and you not disclose, any sensitive Personal

Information (e.g. information related to racial or ethnic origin, political opinions, religion or other

beliefs, health, biometrics or genetic characteristics, criminal background) on or through the

Services or otherwise.

Updates to this Privacy Policy

We may change this Privacy Policy. The “Last Updated” at the bottom of this page indicates

when this Privacy Policy was last revised. Any changes will become effective when we post

the revised Privacy Policy on the Services. Your use of the Services following these changes

means that you accept the revised Privacy Policy.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at

privacy@rinnai.com.au or Privacy Officer, Rinnai Australia Pty Ltd, 100 Atlantic Drive,

Keysborough, VIC 3173, Australia.

Because email communications are not always secure, please do not include credit card or

other sensitive information in your emails to us.

Last updated: 18 October 2022

Rinnai Australia Pty Ltd ABN 74 005 138 769