A. General

This notice is provided by

BOMAG GmbH, Hellerwald, 56154 Boppard, Germany, Tel.: 0049 (0) 6742 100-0, E-Mail: info@bomag.com, insofar as it qualifies as the seller, lessor or leasing provider of the connected product or provider of the related service vis-à-vis the respective user of the connected product or related service,

- hereinafter also referred to as "BOMAG" -

and

by – insofar as it is not BOMAG – the respective seller, lessor or leasing provider of the connected product or the respective provider of the related service to the respective user of the connected product or related service,

- hereinafter also referred to as "BOMAG Authorised Dealer" -

to fulfil their respective statutory obligation to provide information pursuant to Art. 3 para. 2, para. 3 Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonised rules for fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.

- hereinafter also referred to as the "Data Act" -

Please contact BOMAG or a BOMAG authorised dealer within the EU if you have any further questions. You can find the corresponding contact details of BOMAG at the beginning of this document. A list of authorised dealers can be found under www.bomag.com/ww-en/services/support-and-training/locations-dealers/.

B. Information on connected products in accordance with Art. 3 para. 2 of the Data Act

This information on connected products in accordance with Art. 3 para. 2 of the Data Act applies to all connected products of BOMAG in accordance with Art. 2 No. 5 of the Data Act, i.e. to an "means an item that obtains, generates or collects data concerning its use or environment and that is able to communicate product data via an electronic communications service, physical connection or on-device access, and whose primary function is not the storing, processing or transmission of data on behalf of any party other than the user".

Such connected products from BOMAG are in particular machines that contain electronic components for control, e.g. sensors, control units, displays, telemetry devices, antennas, but also retrofitted hardware components for the machines, which are subsequently installed in machines at the customer's request and contain electronic components for control described above and can be accessed here: www.bomag.com/ww-en/machinery/categories/. The engines of the products are excluded from this, as they come from third-party manufacturers, which have to fulfil their transparency obligations separately, insofar as the motors themselves are connected products within the meaning of Art. 2 No. 5 of the Data Act.

The following headings are based on the requirements and wording of Article 3 (2) of the Data Act:

(a) the type, format and estimated volume of product data which the connected product is capable of generating:

aa) Type:

Status data: in particular data on the operating status of the machine (e.g. operating hours, ignition status, running time of the engine, idle times, operating temperatures, other meter values)
Performance data: in particular data on the performance of components (e.g. engine speed, speed, load, coolant temperature, oil pressure)
Location data (with telematics): in particular GPS coordinates, direction of travel, position, speed
Diagnostic data: in particular fault codes (DTCs), warning messages, log files
Usage data: in particular data on the use of attachments or specific functions (e.g. number of lifting cycles, frequency of use) as well as compaction measured values such as EVIB, frequency or amplitude

bb) Formats:

The data is available in the following formats: SAE J1939 (PGN / SPN), UDS (ISO 14229), CanOpen, CanOpenSafety, common Ethernet protocols. BOMAG-specific protocols and OEM-specific protocols from component manufacturers, system manufacturers and system integrators.

cc) Scope:

Acquisition frequency is parameter-dependent (e.g. continuous, at certain intervals such as every 15 seconds and X Hz, event-based).
Granularity depends on parameters (e.g. engine hours in 0.05-hour steps, temperature in 0.5-degree steps).

The type, format and estimated scope of product data may vary depending on the machine type, software version, equipment and development status.

(b) whether the connected product is capable of generating data continuously and in real time:

The respective connected product is able to generate data continuously and in real time as part of its use.

(c) whether the connected product is capable of storing data on-device or on a remote server, including, where applicable, the intended duration of retention:

The respective connected product is able to store data locally on the device or on a server as part of telematics services.

The duration of storage depends on the period for which the processing is necessary for the fulfilment of the purpose, in particular within the framework of the performance of the respective contract and legal obligations. Legal retention obligations also remain unaffected.

(d) how the user may access, retrieve or, where relevant, erase the data, including the technical means to do so, as well as their terms of use and quality of service:

The stored data can only be accessed by BOMAG on the machine via a cable connection with special software, sometimes also remotely and "live" with telematics. Some values can also be displayed on the machine's display, in some cases with an input code. Data relating to the functional safety of the machine can also be read.

The user himself has no other direct access or retrieval options apart from the display, the service app or via the Fleet Management service, see C. below.

Data deletion can only be carried out by BOMAG using special software, as far as technically and operationally possible and legally permissible. The user has no possibility of data deletion.

Terms of use relating to BOMAG machines do not exist.

The quality of service, insofar as a transmission takes place, depends on the quality of the mobile network at the respective location.

The following applies to optional hardware in general:

Optional hardware that is integrated into the machines expands the data scope of these machines. The above statements apply to such further data.

In addition, the following applies to specific optional hardware:

No additional data is stored in the optional BOMAP local hardware. There is therefore no possibility of access or retrieval of any data. However, BOMAP local can store data in projects on the customer's tablet if activated accordingly. The customer cannot delete this data on the hardware itself, but by uninstalling the app. With the additional activation of BOMAP connect, the data can be accessed via a data portal and via an API interface. Access and retrieval by the user do not take place on the hardware component itself, but in some cases via an app or a web portal, i.e. a related service, see C below.

The hardware option Telematics can also be accessed and retrieved via a data portal and an API interface. Access and retrieval on the part of the user is then also not done on the hardware component itself, but possibly via an app or a web portal, i.e. a related service, see C below.

With regard to hardware for the diagnosis of BOMAG products and their system components or for engine diagnostics, access is provided via the BOMAG software as well as a special cable or, in the case of motors, via third-party software/hardware. BOMAG diagnostics does not generate any new data but sends operating hours and time stamps to a server. The user can delete the generated log files in the software himself. The deletion of the transmitted data is feasible on the part of BOMAG, as far as technically and operationally possible and legally permissible.
For third-party diagnostic tools, reference will be made to their conditions.

The quality of service, insofar as a transmission takes place, depends on the quality of the mobile network at the respective location.

The terms and conditions of use of the products and services mentioned can be found here: www.bomag.com/ww-en/saas-privacy-and-general-terms/

C. Information on related services pursuant to Art. 3 para. 3 of the Data Act

This information on related services pursuant to Art. 3 para. 3 of the Data Act applies to all BOMAG related services within the meaning of Art. 2 No. 6 of the Data Act, i.e. to a "digital service, other than an electronic communications service, including software, which is connected with the product at the time of the purchase, rent or lease in such a way that its absence would prevent the connected product from performing one or more of its functions, or which is subsequently connected to the product by the manufacturer or a third party to add to, update or adapt the functions of the connected product".

Such affiliated services of BOMAG can be in particular

• Apps
• Software
• digital portals,
• Additional functions of connected products,

which can be accessed here: www.bomag.com/ww-en/saas-privacy-and-general-terms/

The data controller within the meaning of the Data Act is BOMAG GmbH, Hellerwald, 56154 Boppard, Germany, see A.

The following headings are based on the requirements and wording of Art. 3 para. 3 of the Data Act:

a) the nature, estimated volume and collection frequency of product data that the prospective data holder is expected to obtain and, where relevant, the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention:

With regard to the type, scope and frequency of the collection of product data that the data holder is likely to receive, as well as access and retrieval options by the user, as well as information on storage and the duration of storage, reference may be made to the above information under B. to Art. 3 (2) of the Data Act.

b) the nature and estimated volume of related service data to be generated, as well as the arrangements for the user to access or retrieve such data, including the prospective data holder’s data storage arrangements and the duration of retention:

The type, scope as well as access and retrieval possibilities with regard to the related service data to be generated by the user can be found in the information available at www.bomag.com/ww-en/saas-privacy-and-general-terms/

The duration of storage depends on the period for which the processing is necessary for the fulfilment of the purpose, in particular within the framework of the performance of the respective contract and legal obligations. Statutory retention obligations also remain unaffected.

c) whether the prospective data holder expects to use readily available data itself and the purposes for which those data are to be used, and whether it intends to allow one or more third parties to use the data for purposes agreed upon with the user:

After concluding a license agreement within the meaning of Art. 4 para. 13 of the Data Act with the user, the data holder will use the user's available data for the following purposes, which also applies correspondingly to companies affiliated with it within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG) and the BOMAG authorised dealer network:

(a) Performance of contracts with the user or activities related to such contracts (e.g. issuing invoices, preparation and provision of reports or analyses, financial forecasts, impact assessments, calculation of personnel benefits, anonymised evaluations of product usage, etc.);

(b) Providing support, warranty or similar services or assessing claims of the user, the data holder or third parties (e.g. in relation to product malfunctions) in connection with the connected product or related service, e.g. advanced diagnostics and customer support in the event of a fault, extended service offerings;

(c) Monitoring and maintaining the operability, safety, and protection of the connected product or related service and ensuring quality control;

(d) Continuous improvement of the functioning of the connected product or related service;

(e) the development of new products or services, including artificial intelligence (AI) solutions, by the data holder and its affiliates within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) as well as by third parties acting on behalf of the data holder or in cooperation with other parties;

(f) the merging of such data with other data or the generation of derived data for any lawful purpose, including the purpose of selling or otherwise making available such aggregated or derived data to a third party, provided that such data does not permit the identification of specific data obtained from the connected product/service or enable a third party to do so, derive this data from the data set.

The data holder undertakes in the License Agreement not to use the Data to derive insights into the user's economic situation, assets and production methods, or into the user's use of the 8 connected product or related service in any other way that would affect the user's commercial position in the markets in which the user operates. None of the agreed data uses may be interpreted in such a way as to include such data use, whereby the data holder undertakes to ensure this by appropriate technical and organizational measures.

The data holder may pass on the readily available data to third parties, in particular to companies affiliated with it within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG) and to the BOMAG authorised dealer network, insofar as legally permissible, if the data is used by the third parties in particular for the aforementioned purposes. The data controller is also entitled to use third-party data processing services, such as cloud computing services, including infrastructure as a service, platform as a service and software as a service, hosting services or similar services, in order to fulfil the agreed purposes.

d) the identity of the prospective data holder, such as its trading name and the geographical address at which it is established and, where applicable, of other data processing parties:

The data controller within the meaning of the Data Act is BOMAG GmbH, Hellerwald, 56154 Boppard, Germany, see A. Other potential data owners are not apparent. Other data processing parties result from the information provided under C., c).

e) the means of communication which make it possible to contact the prospective data holder quickly and communicate with that data holder efficiently:

The data controller can www.bomag.com/de-de/ueber/kontakt be reached quickly and efficiently under his communication data presented in A. and via the contact form of the website.

f) how the user can request that the data are shared with a third party and, where applicable, end the data sharing:

The user may submit an informal request for his or her request for disclosure within the meaning of Art. 5 para. 1 of the Data Act and its termination to the following e-mail address data_act@bomag.com .

g) the user’s right to lodge a complaint alleging an infringement of any of the provisions of Chapter II of the Data Act with the competent authority designated pursuant to Article 37 of the Data Act:

The user has the right to lodge a complaint with the competent authority referred to in Article 37 of the Data Act regarding a violation of one of the provisions of Chapter II of the Data Act.

The generally competent authority is:

Federal Network Agency (Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen)
Tulpenfeld 4
53113 Bonn
Phone: 0049 (0) 228 14-0
E-mail: info@bnetza.de

In the case of data protection issues, the following authority has special jurisdiction:

The Federal Commissioner for Data Protection and Freedom of Information
Graurheindorfer Str. 153
53117 Bonn
Phone: 0049 (0) 228 997799-0
E-mail: poststelle@bfdi.bund.de

(h) whether a prospective data holder is the holder of trade secrets contained in the data that is accessible from the connected product or generated during the provision of a related service, and, where the prospective data holder is not the trade secret holder, the identity of the trade secret holder:

The data holder is the owner of trade secrets within the meaning of the Trade Secrets Directive (EU) 2016/943 and in accordance with Section 2 No. 1 of the German Act on the Protection of Trade Secrets, "GeschGehG", which are contained in the data that is accessible via the connected product or that is generated during the provision of a related service.

i) the duration of the contract between the user and the prospective data holder, as well as the arrangements for terminating such a contract:

The license agreement within the meaning of Art. 4 para. 13 of the Data Act between the data holder and the user comes into force with effect from 12.09.2025, or in the case of a later conclusion of the main contract with its effective date. The license agreement is concluded for an indefinite period of time.

Regardless of the agreed contract period, the license agreement ends:

(a) with the destruction of the connected product or the permanent discontinuation of the related service, or if the connected product or related service is otherwise decommissioned or loses its ability to generate the data; or

(b) if the user loses ownership of the connected product or if the user's rights in relation to the connected product under a rental, lease or similar contract or the user's rights in relation to the associated service terminate; or

(c) if both parties agree to terminate the license agreement, with or without replacing it with a new agreement.

Letters b) and c) do not affect the possible contract between the data holder and a possible successor or additional user based on the license agreement.

The termination of the license agreement has the following effects:

(a) the data controller shall immediately cease retrieving the generated or recorded data from the date of termination of the agreement;

(b) the data holder is also entitled to use and pass on the data generated or recorded before the date of the end of the contract.


Version: 1, valid from 12.09.2025

The most recent version of this document shall apply.