LEXUS CONNECT TERMS OF USE

Last Updated: January 1, 2020

These Terms of Use (the "Terms"), together with the Lexus Connect Distributor Agreement executed by your company or client and Toyota, set forth legally binding terms governing your access to and use of the websites, pages, features and their respective contents located at www.LEXUSCONNECT.com (collectively, the "Site"). The Site is owned and operated by or on behalf of Toyota Motor Corporation, with its head office located at No. 1, Toyota-cho, Toyota-shi, Aichi-ken, 471-8571 Japan, through its affiliate Toyota Motor North America, Inc., with its head office located at 6565 Headquarters Drive, Plano, TX 75024 USA ("Toyota," "we," "us," or "our"). By accessing and using the Site you agree to be bound by these Terms, the Lexus Connect Distributor Agreement, any applicable Additional Terms (as defined below), and the Privacy Statement, which is incorporated herein by reference (collectively, this "Agreement").

We may at any time revise and update these Terms. All revisions to these Terms are effective immediately when posted and apply to use of the Site thereafter. Your continued use of the Site constitutes your agreement to any modified Terms, and you should therefore visit the Site to review the current Terms from time to time. Unless explicitly stated otherwise, any new features or services that augment or enhance the Site in the future shall be considered part of the Site and subject to these Terms.

We reserve the right at any time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Site, with or without notice to you, and you agree that Toyota shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any or all of the Site. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms shall terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Site.

Certain features of the Site may require you to agree to additional terms and conditions, policies, licenses, and disclaimers (individually and collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms. Any third party content and other websites linked from the Site are governed by the third party’s terms of use and privacy policy.

1. OWNERSHIP AND USE OF THE SITE.: The Site contains content, including, but not limited to, illustrations, videos or other recorded footage, graphics, text, artwork, information, images, music, trademarks (including Trademarks), logos, files and other materials contained or embedded therein provided by or on behalf of a third party content provider (a, "Distributor"), and by or on behalf of Toyota (collectively, "Content"), all of which is protected under copyright law and other laws. Toyota or its licensors own all right, title, and interest, and/or have a valid right to use and sublicense the Site and all Content on the Site, including, without limitation, all trademarks, service marks, logos and trade names used on the Site (collectively, "Trademarks"). Except as expressly set forth in the applicable Additional Terms, Toyota grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right and license to access and use the Site (including the Content) for your business use, subject to your compliance with this Agreement. Toyota may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any or no reason.
2. COMMUNICATIONS; PRIVACY.: You may choose to receive communications from Toyota with respect to the Site by opting in to receive such communications. If you opt-in, you may be required to provide your personally identifiable information, such as your name, company, job title, phone number or email address and other information that identifies you ("Personal Information"). Please see our Privacy Statement for more information on our practices with respect to your Personal Information.
3. FEEDBACK.: You may submit comments or other feedback regarding the Site. Any comments, suggestions, or feedback relating to the Site (collectively "Feedback") submitted to Toyota shall become the property of Toyota. Toyota shall not be required to treat any Feedback as confidential, and shall not incur any liability as a result of any similarities that may appear in the Site, or its operations or business, in the future.
4. COPYRIGHT AGENT.: We respect the intellectual property of others, and we ask all users to the Site to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:

(a) a description of the copyrighted work or other intellectual property that you claim has been infringed and where the material that you claim is infringing is located on the Site;

(b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(c) your address, telephone number and e-mail address;

(d) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and

(e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent, Toyota Motor Sales, U.S.A., Inc., P.O. Box 259001, Plano, TX 75025-9001

By phone: 1-800-331-4331
By facsimile: 310-468-7814
By e-mail: DMCA@toyota.com
5. EXPORT.: The Site is largely controlled and operated by Toyota from within the United States of America. Toyota makes no representations or warranties that the Site and the Content are appropriate or lawful in any countries outside the United States, or that these Terms comply with the laws of any other country. Users who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United States controls the export of any software, content or materials downloadable from the Site. No software, content or any other materials associated with the Site may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any such materials. By using the Content and any materials from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
6. GOVERNING LAW.: These Terms and any disputes arising under or related to these Terms will be governed by the laws of Japan, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded and shall not apply to these Terms.
7. CONTACT US.: If you have any questions, complaints or claims about the Site, or if you are having any technical difficulties with the Site, please email us at biz-support@lexusconnect.com.

LEXUS CONNECT PRIVACY STATEMENT

1. INTRODUCTION

This privacy statement applies to the Lexus Connect platform ("Lexus Connect") owned and operated by Toyota Motor Corporation through its affiliate Toyota Motor North America, Inc., with its head office located at 6565 Headquarters Drive, Plano, TX 75024 USA ("Toyota," "we," "us," "our") ("Privacy Statement"). This Privacy Statement provides information on the processing of Personal Data of the Staff of Lexus Connect-subscribed Lexus global and private distributors and any other company worldwide with a Lexus Connect-related agreement.

This Privacy Statement is applicable to Toyota’s processing of Personal Data of the Lexus distributor staff or the staff of the distributor’s agency or contractor authorized to access and use Lexus Connect while working for a Lexus Connect-subscribed company ("Staff" or "you").

This Privacy Statement may be changed over time. You are advised to regularly review this Privacy Statement for possible changes.

This Privacy Statement is effective as of January 1, 2020. You can store or print this Privacy Statement by using the buttons in your web browser.

2. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?

Toyota and/or its group companies are the controller for the processing of your Personal Data in Lexus Connect. This Privacy Statement indicates what Staff Personal Data are processed by Toyota and for what purpose, and to which persons or entities the data will, or may be provided. Toyota appointed a Chief Privacy Officer. You can contact Toyota's Chief Privacy Officer at Office.of.Privacy@toyota.com.

3. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

3.1 For the access, use, performance, and security of, and for licensing of assets available through, Lexus Connect.

(a) What does this entail?

Toyota will process your Personal Data through Toyota or its service provider’s data centers located near Tokyo, Japan and in Plano, Texas to ensure authorized access and use of Lexus Connect (including an online community), to populate a directory and facilitate asset licensing, as well as to ensure the performance and the security of Lexus Connect.

Lexus Connect is a marketing asset sharing platform managed by Toyota. Lexus Connect is designed to allow authorized Staff to access and share Lexus brand marketing materials and brand strategy, and, therefore, achieve continuous improvement in best practices, training and marketing. Staff cannot access and use Lexus Connect or upload and license marketing assets without providing their Personal Data.

(b) On what legal bases do we process Personal Data?

Toyota has legitimate interests to process your Personal Data. Toyota processes Personal Data in order to:

1) provide the Lexus Connect platform to you;

2) ensure the proper functioning and security of Lexus Connect; and

3) foster the sharing and licensing of marketing assets among the Staff of Lexus Connect-subscribed Lexus distributors and their agencies.

Toyota emphasizes that the Personal Data collected and processed is limited to these legitimate interests. You have previously provided explicit consent to such processing.

(c) Which Personal Data do we process?

We process your first and last name, company, region, country, job title, job area, business location, business phone number, business e-mail and a photograph ("Personal Data").

(d) How long do we retain your Personal Data?

Your Personal Data will be retained unencrypted by Toyota for as long as you are authorized as a Lexus Connect user. Upon termination of your access to Lexus Connect, your Personal Data will remain encrypted indefinitely. For purposes of Personal Data associated with a marketing asset, such data will not be deleted until the marketing asset is deleted and may be retained indefinitely from the date the marketing asset is uploaded to Lexus Connect.

(e) How do we dispose of your Personal Data?

Toyota reserves the right to recall your Personal Data in the event of an error in the removal of your access and/or Personal Data from Lexus Connect or as required by Toyota for any legal or security compliance issues, investigations or discrepancies, as defined by Toyota security policies and procedures. Your Personal Data will be removed from the directory upon your termination of access to Lexus Connect, while in instances where Personal Data had previously been displayed with marketing assets, the Personal Data will continue to be displayed with such assets.

4. FROM WHICH SOURCE DOES YOUR PERSONAL DATA ORIGINATE?

You or your supervisor may provide Toyota with your Personal Data such that Lexus Connect administrators can set up your account as part of the registration process.

5. WHO HAS ACCESS TO YOUR PERSONAL DATA?

5.1 Access to your Personal Data within Toyota’s worldwide network

Lexus Connect retains such Personal Data to ensure only authorized Staff have access. Your Personal Data may be accessed by Lexus Connect users worldwide; thus, your Personal Data that we collect may be transferred and exchanged internationally throughout Toyota's worldwide network to ensure the proper functioning and security of Lexus Connect, and the ability for Lexus Connect users to communicate with Staff.

Lexus Connect users are authorized to access and use Personal Data only to the extent necessary to obtain details about and to license marketing assets and brand materials to achieve continuous improvement in marketing, best practices and training.

Your Personal Data will also be made accessible to Lexus Connect administrators processing Personal Data of Lexus Connect users on behalf of all subscribed Lexus distributors and their agencies.

In both cases, your Personal Data will be made accessible to Lexus Connect users and Lexus Connect administrators in countries outside your jurisdiction of residence.

5.2 Access to your Personal Data by third parties

The following third parties have access to your Personal Data where relevant for the contractual provisioning of their products or services to Toyota:

IT suppliers or vendors
Financial, tax or legal advisors
Forensic specialists

If your Personal Data are transferred to a third-party recipient in a country that does not provide an adequate level of protection of Personal Data, Toyota will take measures to ensure that your Personal Data are adequately protected, such as entering EU Standard Contractual Clauses with these third parties.

In other cases, your Personal Data will not be supplied to third parties, except when required by law.

5.3 The use of your Personal Data by data processors

Toyota may engage a third party to process your Personal Data to ensure authorized access and use of Lexus Connect (including an online community), to populate a directory and facilitate licensing and sharing of assets, and to ensure the performance and security of Lexus Connect. When a third party processes your Personal Data solely following Toyota’s instructions, it acts as a data processor. We enter into agreements with such data processors concerning the processing of Personal Data. In these agreements we include safeguards and obligations, such that your Personal Data are solely provided to the data processor to provide services to us.

Your Personal Data will not be used for direct marketing purposes.

6. HOW ARE YOUR PERSONAL DATA SECURED?

Toyota has taken reasonable steps to ensure the confidentiality and security of your Personal Data. Toyota has implemented appropriate technical, physical and organisational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection) or further processing. Examples of these steps include IT security policies, data encryption, staff training and secure servers. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.

7. QUESTIONS OR REQUESTS FOR ACCESS, CORRECTION AND REMOVAL?

Should you have any questions regarding the processing of your Personal Data or if you wish to request access or correction of the Personal Data that Toyota processes about you at any time, contact your Lexus Connect Champion or the Lexus Connect administrators in the United States or in Japan. You may request to not have your Personal Data included in the directory by clicking to opt out of such sharing of your data at the time you request access to Lexus Connect. If you have questions regarding restriction, portability or removal of the data that Toyota collects or processes, send an email to Office.of.Privacy@toyota.com.

ASPERA FIREWALL CONSIDERATIONS

FROM IBM:

Architecturally, an Aspera server runs one SSH server on a configurable TCP port (22 by default, but often customers use port 33001). The firewall on the server side must allow this one TCP port to reach the Aspera server.

No servers are listening on UDP ports. When a transfer is initiated by an Aspera client, the client opens an SSH session to the SSH server on the designated TCP port and negotiates the UDP port over which the data will travel. By default, Aspera clients and servers are configured to use UDP port 33001.

After the session initiation step, both the client and the server will send and receive UDP traffic on the negotiated port. To allow the UDP session to start, the firewall on the Aspera server side must allow port UDP 33001 to reach the Aspera server.

CONCURRENT TRANSFER CONSIDERATIONS

On Unix Aspera servers with multiple concurrent clients, concurrent transfers will share the same UDP port.

On Windows Aspera servers with multiple concurrent clients, the operating system does not allow Aspera'sfaspprotocol to reuse the same UDP port for multiple connections. Therefore, the firewall on the server side must allow a range of UDP ports, for example 33001 through 33100, to reach the Aspera server. Incoming client connections will automatically increment to use the next available port in the range.

In case of BSD OS (like Isilon OneFS) for Aspera servers that have multiple concurrent clients utilizing two or more user accounts the OS does not allow the Aspera fasp protocol to reuse the same UDP port. Conversely one UDP port can be opened if only one account is being used for transfers. Thus if you have multiple concurrent clients utilizing multiple user accounts and your Aspera server runs on Isilon OneFS then you must allow inbound connections on a range of UDP ports where the range of ports is equal to the maximum number of concurrent fasp transfers expected. These UDP ports should be opened incrementally from the base port which is UDP/33001 by default. For example to allow 10 concurrent fasp transfers that are using two or more user accounts allow inbound traffic from UDP/33001 to UDP/33010.

In the case of point to point deployments of Aspera products the end-points accepting incoming connections act as servers and therefore must configure their firewalls to allow TCP port 22 and UDP port 33001 to access the Aspera machine (both TCP and UDP ports being configurable).

FIREWALL CONFIGURATION SUMMARY

Aspera transfers use one TCP port for session initialization and control and one UDP port for data transfer. The TCP port is usually either 22 (default port for SSH) or 33001 and the UDP port is by default 33001.

Client / Server installations

Server side firewall

Allow inbound connections to the server on the TCP port
Allow inbound connections to the server on the UDP port
For Windows servers only allow a range of ports large enough to cover the number of potential concurrent clients for example 33001 through 33020 for 20 concurrent. This is needed because Windows doesn't allow UDP port sharing.
Allow outbound connections from the server on the TCP port
Allow outbound connections from the server on the UDP port (or range of ports for Windows servers).

Client side firewall

Typical: Consumer and business firewalls allow direct outbound connections from client computers on TCP and UDP. There is no configuration required for Aspera transfers in this case.

Special: In the case of corporate firewalls disallowing direct outbound connections typically using proxy servers for web browsing:

Allow outbound connections from the Aspera client on the TCP port.
Allow outbound connections from the Aspera client on the UDP port.

Example: Point to Point installation

Consider two Aspera computers: A and B. A initiates the transfer (we call A client) and B accepts an incoming connection (we call B server). The client and server designations are given by the computer initiating the Aspera transfers regardless of the direction of the transfer (upload or download).

A's firewall

Typical: Consumer and business firewalls allow direct outbound connections from client computers on TCP and UDP. There is no configuration required for Aspera transfers in this case.

Special: In the case of corporate firewalls disallowing direct outbound connections typically using proxy servers for web browsing:

Allow outbound connections to B on the TCP port.
Allow outbound connections to B on the UDP port.
Allow either:
- inbound UDP traffic responding to the outbound UDP (this is default on most firewalls)
  or
- inbound UDP traffic on port 33001 (on non-standard firewall configurations)

B's firewall