END USER LICENSE AGREEMENT

Last Updated: January 7, 2019

This End User License Agreement (the EULA ) governs your use of the ARGOS Platform (the “ Platform ”, or alternatively, “ ARGOS ”), on a mobile device or on a computer accessing the Platform over the internet (“ Device ”), for use by the owner or user (hereinafter “ You ” or “ Your ”). The Platform is provided by Finning International Inc. and its affiliates (collectively, “ Finning ”, “ us ”, “ we ”, “ our ”), with an office and place of business at Suite 300, 565 Great Northern Way, Vancouver, British Columbia, V5T 0H8.

This EULA form an agreement between Finning and you. The term "you" refers to the person or entity browsing, accessing or otherwise using (“ use ” or “ using ” in this EULA will mean any of the foregoing) the Platform.

BY USING THE PLATFORM, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE PLATFORM IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THIS EULA, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 15 .

1. Ownership of the Platform and Its Content

The Platform and all of the content (“ Content ”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“ Intellectual Property ”), are owned or controlled by Finning, our licensors, and certain other third parties. All rights, titles, and interests in and to the Content and Intellectual Property available via the Platform is the property of Finning, our licensors or certain other third parties, and is protected by Canadian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Finning owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Platform. All rights not expressly granted to you in this EULA are reserved.

2. License to the Platform

Subject to this EULA, we grant you non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform.

3. Account

In order to access the Platform, you will be required to register with us and set up an account with your email address and a password (your “ Account ”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

4. Access to the Platform

We retain the right, at our sole discretion, to deny you access to the Platform, at any time and for any reason, including for violation of this EULA. You will cease and desist from any such access or use immediately upon request by us.

5. Data You Upload To Us

Ownership of the data, information, records and/or files that you load, transmit to or enter into the Platform (the “ User Data ”) remains with you or the applicable owner. However, in order the Platform to provide you with valuable insight, you agree to grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free, transferable and sublicensable license to access, collect, store and use the User Data: (i) to generate insights through the Platform (“ Output Data ”) which will be shared with you; (ii) to develop and enhance the Platform; and/or (iii) in accordance with the Data Governance Statement.

6. No Unlawful or Prohibited Use

Without limiting the generality of the foregoing, you will not (and will not attempt to):

1. send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Platform (including any developer community forums) any data, information, pictures, videos, music or other materials or content that:

   1. contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

   2. you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate;

   3. is false, intentionally misleading, or impersonates any other person;

   4. is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

   5. violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or

   6. encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability ;

2. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Platform, including email addresses, without the express consent of such users;

3. access the Platform or any Company proprietary information except through means authorized herein;

4. copy, reproduce, distribute, or in any manner duplicate the Platform, in whole or in part;

5. sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Platform, in whole or in part;

6. modify, port, translate, or create derivative works of the Platform;

7. decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Platform by any means;

8. remove any proprietary notices, labels or marks from the Platform;

9. use the Platform for purposes of comparison with or benchmarking against products or services made available by third parties;

10. knowingly take any action that would cause the Platform to be placed in the public domain;

11. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack);

12. attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or any other means;

13. use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code;

14. use, download or otherwise copy, or provide to any person or entity any Platform users directory or other user or usage information or any portion thereof other than in the context of your use of the Platform;

15. use the Platform for the purpose of building a similar or competitive product or service; or

16. use the Platform other than as permitted by this EULA.

1. Data Governance

   1. Please click here to review Finning’s current Data Governance Statement, which contains important information about Finning’s practices in collecting, storing, using and disclosing information about identifiable individuals (“ Personal Information ”), and which is hereby incorporated into and forms a part of this EULA.

   2. You represent and warrant to us that the User Data will only contain Personal Information in respect of which you have provided all notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to: (i) make available the Platform; and (ii) create, use and disclose aggregated statistical information for any purpose and without obligations of any kind.

2. Automatic Updates and Upgrades.

We may perform automatic updates or upgrades to the Platform from time to time. The Platform (and any updates and upgrades) may (i) affect or erase data or settings that you have stored on the Platform; or (ii) collect Personal Information (as described in the Data Governance Statement or as separately disclosed at the time of installation). We are not responsible for any affected or erased data, preferences, or settings due to a Platform update or upgrade. The terms of this EULA govern any upgrades or updates to the Platform, unless such upgrades or updates are accompanied by a separate agreement.

You agree that we may perform automatic updates or upgrades to the Platform without any further notice or consent. If we provide further notice or requests further consent to a Platform update or upgrade, the notice or consent may be received by or provided to you or any authorized user of your device, and you agree that such notice or consent is sufficient for you and all authorized users of your device. The person receiving or providing that notice or consent is responsible for notifying you and all authorized users of the notice and of his or her consent.

9. Viruses

You use the Platform at your own risk. We do not guarantee or warrant that the Platform is compatible with your computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

10. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Platform. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.

11. No Warranty for Security of Device

We do not warrant that a third party cannot access your information should a third party come into possession of your device. We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.

12. Third Party Materials, API and Links

The Platform may display or make available content, data, information, services or materials from third parties (“ Third Party Materials ”), use third party application program interface (“ Third Party APIs ”) or provide links to certain third party web sites (“ Third Party Links ”). The Third Party Materials, Third Party APIs or third party web sites may be governed by its own end user license agreement, terms of use, data governance statement or privacy policy (the “ Agreements ”). You are responsible for reviewing the respective Agreements and complying with the respective Agreements.

We are not responsible for examining or evaluating the content, accuracy, validity, legality or any other aspect of such Third Party Materials, Third Party APIs or Third Party Links. We do not warrant, condition, guarantee or endorse any Third Party Materials, Third Party APIs or Third Party Links and is not liable to you or to any other party for any Third Party Materials, Third Party APIs or Third Party Links or for your misuse or use of Third Party Materials, Third Party APIs or Third Party Links. Third Party Materials, Third Party APIs and Third Party Links contain proprietary content and information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You may not use such proprietary content, information or materials in any way except as authorized by the provider of the Third Party Materials, Third Party APIs or Third Party Links. You may not use any Third Party Materials, Third Party APIs or Third Party Links in a manner that would be, or could be reasonably construed as, a breach of the terms of this EULA. We may change, suspend, remove, modify access to or disable access to any Third Party Materials, Third Party APIs or Third Party Links at any time and without notice to You.

13. Disclaimers

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PLATFORM IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THIS EULA OR THE PLATFORM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS.

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS EULA, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM EXCEED $10 CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS EULA WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

15. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

1. your breach of any provision of this EULA or any documents referenced herein;

2. your violation of any law or the rights of a third party (including, without limitation, privacy or intellectual property rights); or

3. your use of the Platform in a manner that it was not designed for or intended to be used, as described in this EULA and in any instructions or guidelines provided by us to you.

1. Changes, Termination and Survival

   1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Further, we reserve the right to change this EULA at any time and to notify you by posting an updated version of the EULA on the Platform. You are responsible for regularly reviewing the EULA, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Platform after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Platform constituting consideration from Finning to you for so being bound. Your only right with respect to any dissatisfaction with (1) this EULA, (2) any policy or practice of ours in operating the Platform, or (3) any Content available through the Platform, is to stop accessing and using the Platform.

   2. This EULA is effective until terminated by you or Finning. You may terminate this EULA by ceasing to use the Platform and cancelling your Account. This EULA will terminate automatically and without notice from Finning if you fail to comply with any provision of this EULA. Upon termination of the EULA, you shall cease all use of the Platform. You agree that Finning may elect to cease any support of the Platform and/or provision of its services that the Platform accesses at any time at the sole discretion of Finning. In addition to any other termination right, Finning may terminate this EULA upon 5 days’ notice to you

   3. The following Sections, together with any other provision of this EULA which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this EULA, will survive expiration or termination of this EULA for any reason: Sections 1 (Ownership of the Platform and Its Content), 4 (Data You Upload To Us), 6 (Data Governance), 8 (Viruses), 9 (Communications Not Confidential), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15(c) (Survival), and 17 (General Provisions).

2. No Export

You will comply worldwide with all laws and regulations applicable to the Platform. You may not use, export, re-export, import, sell or transfer any aspect of the Platform except as authorized by applicable law and regulations and after obtaining our express written consent.

18. General Provisions

    1. Choice of Law. This EULA are governed by the laws of the province of British Columbia and federal laws of Canada applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Except as restricted by applicable law, you agree to submit to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, if a dispute arises between you and us, you agree that you will notify us about any dispute you have with us related to this EULA by contacting us.

    2. Electronic Communications. You are communicating with us electronically when you use the Platform or send email to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    3. Notifications. We may provide notifications by posting the notifications on the Platform itself or by sending the notifications to the email associated with your account. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.

    4. Severable. If any of the provisions contained in this EULA are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from this EULA and all other provisions of this EULA will remain in full force and effect.

    5. Entire Agreement. This EULA, and the documents referenced in this EULA, constitute the entire agreement between Finning (and its licensors and suppliers) and you pertaining to the subject matter thereof, and supersedes in its entirety any and all written or oral agreements previously existing between us with respect to the Platform. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as contained in this EULA.

    6. English Language. It is the express wish of the parties that this EULA and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

FINNING INTERNATIONAL INC DATA GOVERNANCE STATEMENT

Last Updated: September 11, 2018

This Data Governance Statement describes the practices of Finning International Inc. and its Group companies as set out in Schedule A (“ Finning ,” “ we ,” “ us ” or “ our ”) for collecting, storing and using information about our customers (“ Customers ”, “ you ” or “ your ”), including but not limited to: personal data, financial data and data relating to the Caterpillar, and non-Caterpillar machines, products, attachments and other assets operated by or on behalf of Customers (“ Assets ”).

You should regularly review this Statement carefully to understand what information we collect and what we do with that information. By providing System Data, Operations Data, or Personal Information (each as defined below) (collectively, “ Data ”) to us, you agree to the terms and conditions of this Data Governance Statement, including our collection, use and sharing of that information as set out in this Statement.

1. WHAT INFORMATION WE MAY COLLECT

We may collect the following information:

1. System Data

System data is information that is transmitted to us through digital platforms (“Platforms”), OKC, VisionLink, ProductLink and similar applications (“Applications”) and through telematics (and similar devices) (”Devices”) (we use the term “Digital Offerings” to refer collectively to all Applications and Devices that we use), which may include:

• Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral devices attached to Assets.

• Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service meter hours, electronic data files downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the Customer and Asset and communication channel used by a Device.

• Inspection Data, including results of inspections using a Finning or third-party inspection system.

• Device Location Information, including the physical location of an Asset (e.g., determined using satellite, GPS, cell phone tower, Bluetooth or WiFi signals).

• Fluid Data, including analysis results of fluid samples (such as oil, hydraulic and coolant fluids) obtained using Finning or third-party tools.

• Event Recorder Data, including location, speed, direction and associated video recordings, use of controls and positive train control information.

• Service and Maintenance History, including work orders (records of all maintenance, repair, parts purchases, replacement and modification to an Asset), component life (history of usage and wear life of a component), maintenance schedule, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset) and service letters (describing special service actions recommended by manufacturers to correct a known problem with an Asset).

• Site and Environmental Conditions, including the type of work being done, condition of roads or tracks, altitude, climate and material tracking.

• Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.

2. Operations Data

Operations Data may include:

• Information contained in tenders, invoices, purchase orders, sales contracts, service contracts, e-forms and other transactional documentation generated as part of the business relationship between us.

• the Customer’s name, address, industry, customer category, and the name, position, email address, and telephone number of the Customer’s designated contact person.

• Work order data, including information about the Customer, Asset involved, problem identified, and repairs performed.

• Information relating to Customer parts and machine purchases, returns and replacements.

3. Payment Information

Payment Information may include your banking account details, debit card details, credit card details, credit card type (i.e. Visa, Mastercard, American Express), your billing address associated with the credit card, your shipping address and other information that is required to process the payment.

4. Personal Information

Personal Information is information that relates to an identified or identifiable individual, which may include but not limited to:

• Name

• Postal address (including billing and shipping addresses)

• Telephone number

• Email address

• Identification information such as usernames and user IDs

• The employer or company with which an individual is associated and his or her role and title

• User Profile information

• Geo-location information

• Information about any computer or mobile device with which you access Applications

• Information about your use of the Applications

• Audio-visual data

• Physiological data, such as eye movement, facial expression and heart rate

Information collected by us may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof.

2. HOW WE MAY COLLECT INFORMATION

We may collect information in a variety of ways. For example, we collect information that you provide to us, information that we collect through your use of our products or services, and information that we collect from publicly available sources or third parties.

1. Information You Provide to Us

We collect information you give us when you engage with us and/or use our products or services. For example, we may collect information when you interact with us, attend one of our stands at a trade show, make an enquiry, place an order or contact our customer service.

2. Information Collected Through Your Use of Our Products and/or Services

In addition to the information you provide to use directly, we may collect information about your use of our Products and/or Services. For example:

• Through Platforms / Applications / Devices: We may receive information directly via cellular or satellite link, or radio or Ethernet connection from Assets equipped with an Application or a Device that was either pre-installed or installed by us, which may include System Data or Personal Information.

• Through Wearable Technology: We may collect information through wearable technology, such as fatigue monitoring devices or RFID tags embedded in hardhats or safety vests.

3. Information From Third-Party Sources

We may receive information from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from you. For example:

• Via Caterpillar Inc. or its business affiliates or contractors: We may receive information from Caterpillar or its business affiliates or contractors which have collected from you via: (i) cellular or satellite link, or radio or Ethernet connection from Assets, which may include System Data (such as information relating to the Device or Asset) or Personal Information (such as from information generated by fatigue monitoring devices, on-board camera and proximity detection systems, and in-cab monitoring technology); or (ii) Digital Offerings.

• From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your Assets. This information may be provided to us automatically.

• From Asset Owners and Others: We may receive additional information from Asset owners, operators and other persons who have management responsibility for an Asset.

• From Other Sources: We may receive your information from other sources, such as credit reference agencies, public databases, joint marketing partners, internet, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers (such as fluid analysts and site inspectors) or from maintenance, inspection or warranty records.

4. Other Ways We Collect Information

We also may collect other information about you, your device, or your use of the services in ways that we describe to you at the point of collection or otherwise with your consent. You may choose not to provide us with certain types of information, but doing so may affect your ability to use some of the products and services.

3. HOW WE MAY USE INFORMATION

We may use collected information for the following purposes:

1. To Provide Services to You and Others:

• To allow you to monitor the status of Assets, to complete and fulfil orders, and to communicate with you regarding your purchase or rental of Assets and your purchase of Asset parts, and provide you with related customer service.

• To fulfil customer support agreements, perform maintenance and repairs and deliver rental Assets or parts.

• To make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators.

• To enhance the safety of machine operations, including by tracking proximity to Assets, other objects or humans.

• To enable remote technician services, such as remote troubleshooting, and remote tuning.

• To provide you with location-based services and content.

• To process payment related to our products and services.

2. To Enable Communications:

• To send administrative or contractual information, for example, information regarding our terms and conditions of sale and rent and of using Digital Offerings, warranty policies or service contracts and in respect of debt recovery.

• To provide you with information about new products and services and to send you marketing communications that we believe may be of interest to you for which you may opt-out at anytime.

3. For Other General Business Purposes:

• To conduct market research.

• To perform data analytics, audits, improve products, develop new products, enhance, improve or modify our Digital Offerings, identify usage trends and operate and expand our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports.

• To provide services to Customers, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues.

• To validate effectiveness of recommendations, resolve complaints, and fulfil orders.

• To manage Asset and parts inventory in order to provide you with machines, parts and services.

• To manage a fleet of owned or rented Assets.

• To maximize the efficiency of operations and increase sales.

• To develop digital applications.

• To manage your account with us and generally keep our records up to date and to administer our relationship with you.

4. Other Uses:

• To allow you to participate in sweepstakes, competitions or similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your information, including Personal Information. We suggest that you read any such rules carefully.

• For additional uses as agreed by you and us, which may, for example, arise from new types of products or services that we may offer you.

With respect to audio-visual data that identifies an individual or physiological data for an identifiable individual, we will use that data only to provide products and services to our Customers, including to make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators, and to improve our products and services.

4. HOW WE MAY DISCLOSE INFORMATION

Except as described in this Data Governance Statement, we will not provide any of your Personal Information to any third parties without your consent. We may, however, share or disclose information that is anonymized, which cannot reasonably be used to identify you, with third parties. We may also disclosure information:

• To our business partners, including, Caterpillar Inc. and its business affiliates or contractors, to assist us with delivering the products and services you have requested.

• To our affiliates, to deliver the products and services that you have requested.

• To Asset owners, to permit them to manage the use of their Asset.

• To our service providers who provide services such as tire replacement, fire suppression systems, engine packaging, data analytics, information technology and related infrastructure provision, application development, platform hosting, customer service, product development and auditing, advisory and other services. Our service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose the information for any other purposes.

• To component manufacturers, to permit them to study the use of their products, to improve their products and to develop new products.

• To agents, service providers and other third parties contracted by or engaged in business with Asset owners, who have management responsibility for the Asset.

• To those of our third party service providers who supply sub contracted services in relation to maintenance and repair of, or modification to, Assets.

• To a related 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).

• To additional recipients as agreed by you and us.

When your information is disclosed to third parties, such as Caterpillar Inc. and its business affiliates or contractors, your information becomes subject to the third party’s terms of use, privacy policy and/or data governance statement.

We may also transfer and disclose your information to third parties to comply with a legal obligation including the following:

• To a related 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).

• To additional recipients as agreed by you and us.

• an investigation by law enforcement, regulatory authorities or self-regulatory organizations;

• if a warrant or court order or other instrument compels us to disclose personal information, which may include lawful access by Canadian, UK, Chilean, US or other foreign governmental authorities, courts or law enforcement agencies;

• the protection of our assets or where necessary for the establishment, exercise or defence of legal claims;

• other organizations in the case of investigating a breach of an agreement or contravention of law;

• for the detection, prevention and suppression of fraud and other criminal activity and other matters in the public interest;

• the protection of our employees, customers and others; and

• in situations otherwise permitted or required by applicable Canadian, UK, Chilean, US or other law.

5. INTERNATIONAL TRANSFERS

Your Data may be stored and processed by us, our affiliates and our third party service providers in the United States, Canada, United Kingdom, South America or other jurisdictions that may not have data protection or other laws that are as protective as in your country of residence. If information is transferred to the United States, Canada, United Kingdom, South America or another foreign jurisdiction, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws. By transferring Data or allowing Data to be transferred to us, you consent to the transfer, processing and storage of your Data in countries outside of your country of residence, as described in this Data Governance Statement.

6. SECURITY

We have implemented reasonable organizational , technical and administrative measures designed to protect information within our organization. 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.

7. ACCESS, CHANGE OR CORRECT PERSONAL INFORMATION

Subject to certain exceptions prescribed by law, you have a right to access and request correction of most personal data that we have about you. In some circumstances, it may not be possible for us to provide you with all of your personal data. For instance, there may be instances where disclosing the requested information would impact the privacy of another individual. Where we cannot provide access to personal data held about you, we will tell you why.

If you think that any personal data we hold about you is inaccurate, you may contact us using the contact details below and we will take reasonable steps to ensure that the information is corrected. We may take steps to verify your identity before providing you access to your personal data.

If you send any request for access to or correction of your personal data, we will do our best to respond within a reasonable period after your request.

8. ELECTRONIC COMMUNICATIONS

With your consent, we may use personal data to inform you of products or services available from us or our affiliated entities. When collecting information that might be used to contact you about our products and services, we give you the opportunity to opt-out from receiving such communications. Moreover, each e-mail communication we send includes the ability to unsubscribe allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list.

9. RETENTION

We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Data Governance Statement unless a longer retention period is required or permitted by law.

10. UPDATES TO THIS DATA GOVERNANCE STATEMENT

We may change this Data Governance Statement from time to time and without advance notice. The “LAST UPDATED” legend at the top of this page indicates when this Data Governance Statement was last revised. Any changes will become effective when we post the revised Data Governance Statement. Your use of Digital Offerings following these changes means that you accept the revised Data Governance Statement.

11. CONTACTING US

If you have any questions about this Data Governance Statement, please write us at Suite 300 – 565 Great Northern Way, Vancouver, British Columbia V5T 0H8 (Attention: Privacy Officer).

Schedule A

Finning International Inc. Group Companies

Finning Chile S.A.

Diperk S.A.C.

The Rental Store Chile S.A.

Sitech Southern Cone SpA

Finning Argentina S.A.

Finning Soluciones Mineras S.A.

Nextmaq S.A.

Finning Bolivia S.A.

Finning (UK) Ltd

Finning (Ireland) Limited

Reaction One Limited T/A Sitech UK

Alveton Limited T/A Sitech Ireland

Sitech Western Canada Solutions Ltd.

Raydon Rentals Ltd. dba The Cat Rental Store

O.E.M. Remanufacturing Company Inc.

Finning Power Solutions Inc.

I accept the terms and conditions in the End User License Agreement and in the Data Governance Statement.

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