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Master Services and Purchasing Agreement for Agency
<br /> Title: Master Services and Purchasing Agreement between Axon and Agency
<br /> Department: Legal
<br /> Version: 19.0
<br /> Release Date: 8/18/2023 Page 36 of 40
<br />
<br /> My90 Terms of Use Appendix
<br />Definitions.
<br />1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other
<br />related offerings, including, without limitation, interactions between My90 and Axon products.
<br />1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or
<br />email address (if available) of the individual whom Agency would like to obtain feedback.
<br />1.3. "Agency Data" means
<br />1.3.1. "My90 Agency Content" which means data, including Recipient Contact Information, provided to
<br />My90 directly by Agency or at their direction, or by permitting My90 to access or connect to an
<br />information system or similar technology. My90 Agency Content does not include My90 Non-
<br />Content Data.
<br />1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about Agency's
<br />My90 tenant, and client software, users, and survey recipients that is Processed (as defined in
<br />Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 Non-
<br />Content Data includes data about users and survey recipients captured during account
<br />management and customer support activities. My90 Non-Content Data does not include My90
<br />Agency Content.
<br />1.3.3. "Survey Response" which means survey recipients' response to My90 Survey.
<br />1.4. "My90 Data" means
<br />1.4.1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Agency
<br />and survey recipients within My90.
<br />1.4.2. "Aggregated Survey Response" which means Survey Response that has been de-identified and
<br />aggregated or transformed so that it is no longer reasonably capable of being associated with, or
<br />could reasonably be linked directly or indirectly to, a particular individual.
<br />1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An
<br />identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to
<br />an identifier such as a name, an identification number, location data, an online identifier or to one or more
<br />factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that
<br />natural person.
<br />1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data,
<br />whether or not by automated means, such as collection, recording, organization, structuring, storage,
<br />adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
<br />making available, alignment or combination, restriction, erasure, or destruction.
<br />1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin,
<br />sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
<br />2. Access. Upon Axon granting Agency a subscription to My90, Agency may access and use My90 to store and
<br />manage My90 Agency Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix
<br />is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you
<br />and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.
<br />3. IP address. Axon will not store survey respondents’ IP address.
<br />4. Agency Owns My90 Agency Content. Agency controls or owns all right, title, and interest in My90 Agency
<br />Content. Except as outlined herein, Axon obtains no interest in My90 Agency Content, and My90 Agency Content
<br />is not Axon’s business records. Except as set forth in this Agreement, Agency is responsible for uploading,
<br />sharing, managing, and deleting My90 Agency Content. Axon will only have access to My90 Agency Content for
<br />the limited purposes set forth herein. Agency agrees to allow Axon access to My90 Agency Content to (a) perform
<br />troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use
<br />of My90 and other Axon products.
<br />5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified
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