Customer Agreement

I hereby acknowledge that I have received, read, understood and accepted the documents “General Terms and Conditions” and “Information on the processing of personal data pursuant to Article 13 of EU Regulation 2016/679”.

I hereby declare that I accept the following clauses of the General Terms and Conditions: Art. 4.4 (Exclusions of liability); Art. 5.3 (Suspension of the Agreement); Art. 5.5 (Limitation of LoJack’s liability); Art. 6.1 and 7.3 (Conditions precedent to the provision of the Services); Art. 12 (Conditions for the correct provision of the service); Art. 15.2 (Applicable law — not applicable where the Customer is a Consumer under Consumer law).

The Service Provider is LoJack Italia srl, with registered office at via Novara 89, 20153 Milan, Italy, email lojack@lojack.it, telephone +39 02 36589300.

1.1. These general terms and conditions (“the Agreement”) relate to the services (the “Services”) described in the “Cover Page” and set out in more detail in Article 2. The Services are provided by: in Great Britain, Tracker Network (UK) Ltd, registered office at The Atrium 1 Harefield Road, Uxbridge, Middlesex UB8 1PH, United Kingdom; in Spain, LoJack España SL, registered office at Avenida del Partenón, 10 - 28042, Madrid, Spain; in each country of the European Union with the exception of Spain, LoJack Italia Srl, a sole-member company, registered office at via Novara no. 89, 20153, Milan, tax code, VAT and Milan Companies’ Register number 05006720964, fully paid-up share capital of €50,000, managed and coordinated by CalAmp Wireless Networks Corporation.

1.2. LoJack España SL, Tracker Network (UK) Ltd and LoJack Italia Srl are hereinafter referred to as “LoJack”.

1.3. The Cover Page indicates the full company name, address, email and telephone of the LoJack company that provides the Services in the region where the Customer purchased them. The Cover Page also indicates the full company name, address, email and telephone of the dealer, subsidiary, branch or reseller acting on behalf of LoJack in presenting these general terms and conditions.

2.1. The subject of the Agreement is the provision of Services to the Customer (“Customer”) who has installed on his/her vehicle — whether purchased or otherwise made available through an authorised dealer, subsidiary, branch or reseller (“Dealer”) — one of the LoJack tracking devices, as described at https://www.calamp.com/products (“Device”).

2.2. The Services are available after installation of the mobile software application (“Mobile App”) and following its activation via the Mobile App or the website https://www.lojack.eu/bmwsecurity (“Website”). The Mobile App and the Website are managed by LoJack. Information on the functionality, compatibility and interoperability of the Mobile App is available on the Website.

2.3. The Services consist of: (i) locating the vehicle in the event of theft or unauthorised movement; (ii) where provided for on the Cover Page and in the contract specifications section of the Mobile App, the transfer to the Customer of information relating to the vehicle on which the Device is installed, as described in Annex 4.

2.4. LoJack may modify, update, upgrade, suspend, discontinue or remove any part of the Services — aside from what is necessary to keep the Services in conformity with the Agreement — where it has a valid reason. Valid reasons include (i) changes in legal or regulatory requirements or case law; (ii) improving the Services, their performance and/or security, addressing a threat, or adding new services or functions; and/or (iii) the benefit or convenience of the Customer.

Where the Customer qualifies as a consumer under local consumer legislation, and a change to the Services adversely affects accessibility or usability, the consumer may terminate the Agreement free of charge within 30 days, unless the adverse effects are only minor. This period runs from receipt of the information about the change or, if the change occurs later, from the time of the change. The consumer will not be entitled to terminate if LoJack has enabled him/her to retain the Services without the change at no additional cost, provided the Services remain in conformity under the legal guarantee described in Article 9.

3.1. The Agreement is presented and entered into by LoJack via the Dealer acting in the name and on behalf of LoJack.

3.2. Before purchasing the Device and the Services, the Customer has the right to receive a copy of the Agreement and the accompanying documents so they can be reviewed carefully.

3.3. The effectiveness of the Agreement depends on delivery of the vehicle equipped with the Device and the document referred to in Annex 1, which certifies the correct installation of the Device. The delivery time and installation of the Device are governed by the agreement the Customer has concluded with the Dealer. LoJack is not liable for delays relating to what the Customer has agreed directly with the Dealer, unless such delays are attributable to LoJack.

4.1. From the moment the vehicle — equipped with the Device and the documentation referred to in Annex 1 (the “Installation Test Report”) — is delivered, LoJack is obliged to activate the Device at the Customer’s request in accordance with Article 6.

4.2. This activation is carried out using infrastructure owned by a third party.

4.3. In the event of a request to activate the Device under Article 6, LoJack provides Third-Party Service Providers with information relating to: the Device itself; the characteristics of the vehicle on which the Device is installed (including chassis number and registration number) to enable tracking of the vehicle; the Customer, including the Customer’s personal data; and, where applicable, additional data obtainable from the Device. It is further clarified that the Services consist of collecting and transmitting information that makes it possible to locate the stolen vehicle or detect unauthorised movement. The Services do not include, nor do they guarantee, the actual location and recovery of the vehicle, which depends on the intervention of Third-Party Service Providers and the competent authorities.

4.4. LoJack shall not be liable in the event of failure to locate or recover the vehicle for reasons beyond its control, including tampering with the Device, fire, floods, lightning strikes or, in any case, other events caused by a third party or events of force majeure over which LoJack has no control.

5.1. The Customer shall pay LoJack the price for the purchased Services agreed upon signing the Agreement (“Fee”).

5.2. The Customer shall pay the Fee as agreed upon signing the Agreement.

5.3. Until the Fee has been paid in full in accordance with Articles 5.1 and 5.2, no Service will be provided and no contractual obligation will arise for LoJack.

5.4. In the event of transfer of ownership of the vehicle or cancellation of its registration, as well as any change to the information referred to in Article 6.2, the Customer must notify LoJack, preferably within 15 days. Given the nature of the Services provided, this notification is required for their provision in accordance with existing regulations.

5.5. The Customer is aware that, in the event of events that may adversely affect the functionality of the Device — such as recovery of the vehicle after a theft, an accident or extraordinary maintenance — LoJack may require that the Device be subjected to a physical inspection at an authorised service centre. In such circumstances, if the Customer does not allow a physical inspection, LoJack cannot be held liable for any malfunction of the Device occurring after recovery of the vehicle following a theft, accident or extraordinary maintenance.

6.1. If, in the event of vehicle theft, the Customer intends to have the Device activated in order to enable its tracking by Third-Party Service Providers, the Customer shall report the theft in person, by telephone or online (provided it is formally recorded within 48 hours at a local police station of choice) to the competent authorities of the State where the theft occurred.

6.2. If the Device chosen on the Cover Page allows it, the Customer may be notified by the Device via the Mobile App of an unauthorised movement of the vehicle. In any case, the Customer must immediately contact LoJack’s Operations Centre to confirm the unauthorised movement and request immediate activation of the Device, so that Third-Party Service Providers can locate the vehicle. The Device cannot be activated without an express request from the Customer.

6.3. The Device is normally intended to remain permanently installed on the vehicle on which the original installation took place and whose identification data (registration number and chassis number) are provided to LoJack no later than at the time of installation. For security reasons, transfer of the Device to another vehicle owned or used by the Customer is only possible if carried out by authorised LoJack staff. The Customer acknowledges that in such a case the technical intervention involves costs, the amount of which is indicated in the relevant section of the Mobile App.

7.1. The term of the Agreement begins from the installation date indicated in the Test Report and is effective for the period corresponding to the type chosen by the Customer, as set out in the purchase documents and indicated in the Mobile App and on the Cover Page.

7.2. Upon expiry of the Agreement, the Customer may enter into a new agreement with LoJack to continue using the same Services. At least 30 days before expiry, LoJack will inform the Customer of this possibility by providing relevant information, including but not limited to the cost of the service. The Customer may decide whether to accept the offer. There is no automatic renewal.

7.3. Upon conclusion of a new Agreement, LoJack will invoice the Customer for the Services purchased based on the rates applied to customers at the time of renewal. The invoice must be paid within the agreed period. If the Customer wishes to continue using the Services without interruption between the expiry of the original Agreement and the start of the new one, he/she must sign the new Agreement and pay the relevant Fee before expiry of the previous Agreement. Failing this, LoJack will suspend the service.

7.4. From the expiry date of the Agreement, LoJack will no longer provide the Services. Should a Customer whose car has been stolen (on which a Device is installed) request reactivation, LoJack is in no way obliged to activate the vehicle tracking procedures. The parties are, however, free to enter into a new Agreement.

8.1. LoJack guarantees the Customer against any lack of conformity of the Device existing at the time of delivery (i.e. delivery of the vehicle on which the Device is installed). Lack of conformity means any defect of the Device, except defects caused by tampering, accidents, misuse, fire, flood, lightning or similar events. The right to this commercial warranty lapses if the lack of conformity is not reported within 26 months of delivery. If the Customer has purchased Services together with the Device for a term of more than 2 years from delivery, he/she retains the warranty for the entire original term of the Agreement. Where the life of the Product is less than two years and this has been clearly and promptly communicated before purchase, the commercial warranty applies only until the end of that lifespan.

8.2. Any lack of conformity must be communicated by registered letter with acknowledgement of receipt or by email to the address stated in the registration document, also indicated in the test certificate.

8.3. LoJack will verify whether the malfunction is due to a lack of conformity. In particular: (a) for defects occurring in the first year from the date of delivery, the inspection is always at LoJack’s expense, as such defects are presumed to have existed since delivery; (b) one year after delivery, LoJack may claim reimbursement of the previously indicated inspection costs, only if the malfunction is not due to a lack of conformity.

8.4. The Customer may, at his/her discretion and free of charge, request repair or replacement, unless the requested repair is objectively impossible or has disproportionately high costs compared to the other option, taking into account all circumstances and in particular: (a) the value the Device would have without the lack of conformity; (b) the extent of the lack of conformity; (c) whether the alternative solution can be carried out without significant inconvenience.

8.5. Repairs or replacements will be carried out within a reasonable time of the request, at no cost to the Customer and without causing significant inconvenience.

8.6. The Customer may, at his/her discretion, request an appropriate price reduction or termination of the Agreement if: (a) repair or replacement has not been carried out, or LoJack declares it does not intend to; (b) despite repair, a lack of conformity occurs again; (c) the lack of conformity is so serious that it justifies an immediate price reduction or termination.

8.7. Commercial warranty on services: upon request by the Customer, LoJack undertakes to carry out an annual remote test of the correct functioning of the Device, contacting the Customer within a set number of working days from receipt of such request to communicate the outcome and, on request, to send the certificate of correct functioning by email. If such a check reveals possible defects, LoJack’s authorised technicians will inspect the Device and, if necessary, repair or replace it or any of its components, at no additional cost. The Commercial Warranty also applies to physical checks carried out after events that may adversely affect functionality, such as recovery of the vehicle after a theft or accident. Any additional checks beyond those included in the Commercial Warranty are charged at the price applied by LoJack and indicated on the Website. The Commercial Warranty is only valid for checks, remote or physical, carried out when the vehicle is in the country where installation took place and for the duration indicated for this service on the Cover Page.

8.8. This commercial warranty for the Device is without prejudice to the legal guarantee of conformity and the legal guarantee for hidden defects that the Dealer must guarantee to the Customer, who under local consumer legislation, in the country where the Device was purchased, is considered a “consumer”.

9.1. LoJack is liable for any lack of conformity of the Services (including the App) that occurs during the term of the Agreement. Liability in any case lapses within 26 months of the last delivery.

9.2. The Customer has the right to receive Services in conformity with the Agreement without undue delay after its conclusion. The Services are in conformity if, among other things, they correspond to the description and possess the functionality, compatibility, interoperability and other characteristics laid down in the Agreement or that the Customer may reasonably expect. The Customer has the right to be informed of, and to receive, all available updates (including security updates) necessary to maintain conformity of the Services.

9.3. In the event of a lack of conformity, the Customer has the right to have the Services brought back into conformity free of charge and without significant inconvenience, or to receive an appropriate price reduction, or to terminate the Agreement.

10.1. LoJack may terminate the Agreement by express termination clause, effective from the date of receipt of the notice, if the Customer refuses to subject the Device to a physical inspection at an authorised service centre, as referred to in Article 5.5.

10.2. The Device must be kept in the position originally determined by LoJack’s Installer. Any tampering, opening or disconnection of the SIM card in the Device is grounds for termination of the Agreement, without prejudice to LoJack’s right to hold those responsible liable for damage caused directly or indirectly.

10.3. In addition to the above, the Agreement is deemed terminated if the third-party infrastructure by which the Device can be activated and the vehicle tracked does not function for an uninterrupted period of 90 (ninety) days. In that case, both the Customer and LoJack may terminate the Agreement, and the Customer is entitled to a refund of the amount paid for the service not provided. Compliance with the resolutory condition has no effect on services already provided by LoJack.

10.4. Where the renewal of the Services is concluded outside LoJack’s business premises or remotely, and the Customer is considered a “Consumer” under the local consumer legislation of the country where the purchase took place, the Customer has the right to withdraw from the Agreement within 14 days of its conclusion, without giving reasons and without cost, except for the costs indicated below. To exercise this right, it is sufficient to notify LoJack of the intention to withdraw (which can also be done via the form at the end of the Agreement), by registered letter with acknowledgement of receipt, or by email, within the aforementioned period.

10.5. WARNING: in the case referred to in Article 10.4, when concluding the Agreement remotely or outside LoJack’s business premises, the provision of the Services will only begin 14 days after conclusion (i.e. after expiry of the “Withdrawal Period”). If the Customer wishes provision to begin during the Withdrawal Period, he/she must expressly request this by sending a notice to the addresses indicated in Article 16. If the Customer decides to exercise the right of withdrawal after requesting immediate activation, he/she owes an amount for the Services used up to the moment the notice of withdrawal was delivered, calculated in proportion to the total agreed price.

11.1. The Agreement is governed by these general terms and conditions and the documents referred to therein.

11.2. The Agreement constitutes the entire agreement between LoJack and the Customer (“Parties”) regarding its subject and replaces any prior agreement, written or oral, on the same subject. No amendment, variation or addition will be effective unless recorded in writing and approved by both Parties.

11.3. Should any provision of the Agreement be or become invalid, the remaining provisions will continue in effect.

11.4. All complaints regarding the Service must be addressed in writing to LoJack at the addresses indicated in Article 16.

11.5. These General Terms and Conditions may only be amended, corrected and/or supplemented on the basis of an agreement between the Customer and LoJack, resulting from a written document duly signed by the Parties. Any deletion, interlineation, addition, modification or correction made directly to the text of this Agreement is deemed not to have been made and entirely ineffective between the Parties.

The correct provision of the Service depends on:

• installation and testing of the Device at a Dealer;

• availability of the satellite system, by which the location of the Device can be determined;

• availability and operation of the GSM/GPRS network and land telephone lines;

• updated cartography available on the market. For causes beyond LoJack’s control, it may happen that not the entire territory is sufficiently covered by map updates to guarantee correct positioning of the Device on the map;

• availability of GPS and GSM/GPRS signal. If the Device is located, for example, in garages or tunnels, the coverage of these signals may be insufficient for correct detection of the transmitted data and determination of its position.

13.1. If the vehicle equipped with the Device is stolen and not found and recovered by Third-Party Service Providers under Article 6 within 7 (seven) days from the date on which the Customer notified LoJack of the theft, LoJack is obliged — without obliging itself or a third party to find and return the vehicle — to nevertheless pay the Customer an amount equal to the part of the price corresponding to the term of the Agreement during which the Customer cannot use the Services.

13.2. To qualify for the refunds referred to in paragraph 13.1, in the event of theft the Customer must send LoJack: (i) a copy of the theft report to the competent authorities, showing the date and time it was received; (ii) the receipt or invoice for the purchase of the Device and the Services; (iii) if applicable for the type of Device chosen on the Cover Page, the “Control Key” or “Driver Tag” component(s) relating to the stolen Device and the “Claim Form”, duly completed and signed. A copy of the “Claim Form” can be requested at the LoJack Customer Service email address indicated on the Cover Page.

13.3. The refund referred to in Article 13.1 is subject to the following further conditions: (i) the theft report was made to the competent authorities of the State where the theft occurred; (ii) the Agreement is ongoing and the Customer has regularly paid the Fee.

13.4. The Customer is obliged to repay the amount that LoJack has paid under this Article if the report to the competent authorities proves to be false or incorrect after investigation.

14.1. LoJack declares that it complies with all applicable laws, regulations and provisions, including EU Regulation no. 679/2016.

14.2. The complete information on the processing of personal data can be found in Annex 2 of this Agreement.

15.1. The Agreement is governed by, and interpreted in accordance with, the law of the country where the Customer purchased the Service.

15.2. With regard to a Customer who is not a consumer, for any dispute relating to the Agreement, its application, execution or interpretation, the courts of London, Madrid or Milan have exclusive jurisdiction if the Customer purchased the Service in the territory of Great Britain, Spain or other countries of the European Union respectively.

15.3. If the Agreement was concluded online, a Customer residing in the European Union may turn to the ODR platform set up by the European Commission (https://webgate.ec.europa.eu/odr) for the out-of-court settlement of disputes concerning obligations arising from online agreements. LoJack’s email address for this purpose is lojack@lojack.it.

Without prejudice to legal provisions imposing mandatory forms, any notice or communication required or permitted under the Agreement is addressed or sent as follows, by registered letter with acknowledgement of receipt or by email:

(a) if to LoJack Italia s.r.l., to Customer Service, c/o LoJack Italia s.r.l., via Novara no. 89, 20153 Milan;

(b) if to Tracker Network (UK) Ltd, to Customer Service, c/o Tracker Network (UK) Ltd, The Atrium 1 Harefield Road, Uxbridge, Middlesex UB8 1PH, United Kingdom;

(c) if to LoJack España SL, to Customer Service, c/o LoJack España SL, Avenida del Partenón, 10 - 28042, Madrid, Spain;

(d) if to the Customer, to the contact details indicated at registration and signing of the Agreement online or in the Mobile App, or subsequently changed.

LoJack Customer Service can also be reached at the email address and telephone number indicated in the Mobile App and on the Cover Page of this Agreement.

Annexes — Annex 1: Test documentation; Annex 2: Policy regarding personal data and privacy; Annex 3: Standard withdrawal form; Annex 4: Services.

The installation report is sent by email after installation and testing are completed.

Pursuant to Article 13 of European Regulation 2016/679 (the “Regulation”), we hereby inform you that the personal data provided will be processed by the following entities, in their capacity as independent data controllers belonging to the CalAmp corporate group: LoJack Italia Srl (via Novara no. 89, 20153 Milan, Italy) if the Services were purchased in a European Union country other than Spain; Tracker Network (UK) Ltd (The Atrium 1 Harefield Road, Uxbridge, Middlesex UB8 1PH, United Kingdom) if the Services were purchased in the United Kingdom; LoJack España SL (Avenida del Partenón, 10 - 28042, Madrid, Spain) if the Services were purchased in Spain.

The Data Protection Officer (DPO) can be reached at dpeterson@calamp.com.

(To be completed and returned only if you wish to withdraw from the Agreement.)

Addressed to LoJack (company name, address and email as indicated on the Cover Page).

“I hereby give notice that I withdraw from the agreement for the subscription to the LoJack services.”

The form normally requires: the order date / receipt date; the name and address of the consumer; the details of the vehicle on which the Device is (or is to be) installed (model and registration number); the date; and the consumer’s signature (only where submitted in paper form). Where applicable, indicate whether the order was “ordered on” or “received on”.

The following features are available depending on the selected profile (BMW Security or BMW Security Pro):