Privacy Policy

Applicability: MESMobile

ABB INC. ("ABB") MOBILE SERVICE APPLICATION PRIVACY POLICY AND END USER LICENSE AGREEMENT ("EULA")

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OF THIS MOBILE APPLICATION

By using this ABB Mobile Service Application (the MESMobile app) Application), you agree to be bound by this ABB EULA and the Privacy Policy. This is an agreement between you and ABB, and not with Apple Inc. ("Apple"). Apple is not responsible for this Service Application and its content.

Privacy Notice - ABB Ability MESMobile Suite for pulp and paper

Your Personal Data:

ABB Inc., 579 Executive Campus Drive, Westerville, OH 43082, United States will be what's known as the "Controller" of your personal data - this company controls how your personal data is used, in accordance with this notice.

What we need:

Access to specific components of production data. Access to your device's camera.

Why we need it:

To provide the customer with the use of the MESMobile Suite's various applications

What do we do with it:

By use of multiple types of encryption, store data in our ABB private cloud to be displayed via mobile app

The data is stored on the ABB Microsoft Azure cloud servers in the U.S.

Access of your device's camera is used to:

Scan package barcodes to then view multiple levels of data

How long we keep data:

ABB will retain the data for as long as it exists in your system and as long as you are subscribed to our service. Historical data will be retained for all necessary production data. For more information on encryption methods, please contact US-cpmadmin@abb.com. If you are not satisfied with our response or believe we are processing your personal data against the law, you may also contact the Data Privacy Authority in your country of residence or work or where you believe an infringement of data privacy laws may have taken place. Data Erasure

You may request to have your data erased at any time by contacting US-cpmadmin@abb.com.

If you choose not to use specific data in the MESMobile Suite, certain apps and functionality may be disabled. To make changes to this, please contact US-cpmadmin@abb.com.

Device Unique Identifier and Device Language and Desired Regional Format

ABB does not collect any information that identifies you when you download this Service Application.

Information About You

Certain features of this Service Application that you may require you to provide personal information such as your name, your e-mail address, the name of your employer, your city and state, your telephone number and the GPS coordinates. You will be asked to give your consent to providing any of that personal information to ABB before you use one of those features.

If you agree, ABB will use this information to provide you with better service for the ABB products that you use. ABB will not share this information with third parties.

When this Application is used on the device on which it is loaded, ABB may collect information about which keys on the device are pressed.

ABB will only use this information to improve the reliability of future versions of this Application.

By downloading this Application you consent to the collection and use described above of that information.

ABB does not sell or rent your information to other companies or individuals.

ABB may store and process your information in any country in which ABB or ABB's hosting and information systems providers maintain facilities. By accepting these Terms and Conditions, you consent to the transfer of your information among these facilities included those located outside of your country. You agree that your information may be processed and stored outside your country and in countries in which data protection laws are not as comprehensive as in your country or where no such laws exist. Nevertheless, ABB will take appropriate organizational and security measures to protect your information against disclosure and unauthorized access and alteration.

Third Party Sites

Other features of this Service Application may lead you to a third party site and your privacy will be governed by the policy of that site provider.

The third party sites are not owned or controlled by ABB. ABB has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties when and where applicable. By consenting to visit the third party site, you expressly relieve ABB from any and all liability arising from your use of any third-party site accessed from this Service Application. ABB encourages you to ask questions before you disclose your personal information to anyone.

User Control and Uninstall. You can access and change user settings. Uninstallation methods vary depending on your device. To uninstall this Service Application, please use the application manager provided with your device or consult your device manual for reference.

Security. The information this Service Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. The transmission of information over wireless and wired networks is not inherently secure. ABB uses many tools to help protect your personal information against unauthorized access and disclosure however we do not guarantee, and you should not expect, that your personal information or private communications will always remain private when using this Service Application.

Policy Changes. ABB reserves the right to make changes to this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Service Application. Any use of this Service Application after the thirty (30) day notice period constitutes your acceptance of any change.

TERMS OF USE

Service Application Use.

ABB grants you the right to use this Service Application only for your personal use on an Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Service Application or any information or software associated with this Service Application; (b) rent, lease or otherwise transfer rights to this Service Application; or (c) use this Service Application in any manner that could impair any ABB site in any way or interfere with any party's use or enjoyment of any ABB site. You must use the Service Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Service Application (e.g. your wireless data service agreement). Your right to use this Service Application will terminate immediately if you violate any provision of this EULA. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Service Application.

Intellectual Property.

ABB owns, or is the licensee to, all right, title and interest in and to this Service Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Service Application and you will not remove, obscure or alter ABB's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Service Application. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

Product Claims.

Apple is not responsible for addressing any claims by you or any third party relating to this Service Application or your possession and/or use of this Service Application, including but not limited to: (a) product liability claims; (b) any claim the Service Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Disclaimer of Warranties.

ABB disclaims responsibility for any harm resulting from your use of this Service Application. The Service Application and the service(s) accessed by it are provided "as is", “with all faults”, and “as available”. ABB expressly disclaims to the fullest extent permitted by law all guarantees and express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Service Application. You download and use this Service Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Service Application. In the event of any failure of this Service Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Service Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Service Application.

Limitation of Liability.

ABB is not liable to you or any user for any use or misuse of this Service Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if ABB has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Service Application, from inability to use this Service Application, or from the interruption, suspension, or termination of this Service Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or damages or the disclaimer of warranties, so such exclusions and disclaimers may not apply to you. Regardless of the previous paragraphs, if ABB is found to be liable, ABB's liability to you or to any third party is limited to US$50. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Indemnification.

You will indemnify and hold harmless ABB and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Service Application, any alleged violation of this Privacy Policy and EULA, and any alleged violation of any applicable law or regulation. ABB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Changes to this Service Application or EULA.

ABB reserves the right to make changes to this Service Application or this EULA. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Service Application. Any use of this Service Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions.

You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Service Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export this Service Application to any prohibited country, person, end-user or entity specified by US Export Laws.

Third Party Beneficiary.

Apple and Apple's subsidiaries are third party beneficiaries of this Privacy Policy and EULA, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce this EULA against you.

Governing Law.

The laws of the State of New York, excluding its conflicts of law rules, govern this EULA and your use of the Service Application. Your use of the Service Application may also be subject to other local, state, national or international laws.