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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 37 of 40
<br />in Schedule 1 Details of the Processing, to this Appendix.
<br />6. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Data
<br />against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security
<br />program to protect Agency Data including logical, physical access, vulnerability, risk, and configuration
<br />management; incident monitoring and response; security education; and data protection. Axon will not treat
<br />Agency Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security
<br />Addendum for this engagement or any other security or privacy related commitments that have been established
<br />between Axon and Agency, such as ISO 27001 certification or SOC 2 Reporting.
<br />7. Privacy. Agency use of My90 is subject to the My90 Privacy Policy, a current version of which is available at
<br />https://www.axon.com/legal/my90privacypolicy. Agency agrees to allow Axon access to My90 Non-Content Data
<br />from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve,
<br />and support current and future Axon products including My90 and related services; and (c) enforce this Agreement
<br />or policies governing the use of My90 or other Axon products.
<br />8. Location of Storage. Axon may transfer Agency Data to third-party subcontractors for Processing. Axon will
<br />determine the locations for Processing of Agency Data. For all Agency, Axon will Process and store Agency Data
<br />within the United States. Ownership of My90 Agency Content remains with Agency.
<br />9. Required Disclosures. Axon will not disclose Agency Data that Agency shares with Axon except as compelled
<br />by a court or administrative body or required by any law or regulation. Axon will notify Agency if any disclosure
<br />request is received for Agency Data so Agency may file an objection with the court or administrative body, unless
<br />prohibited by law.
<br />10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control
<br />of Axon, and as described below:
<br />10.1. Axon may share Agency Data with third parties it employs to perform tasks on Axon’s behalf to provide
<br />products or services to Customer.
<br />10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city
<br />agencies, private companies, or members of the public that are seeking a way to collect analysis on general
<br />policing and community trends. Aggregated Survey Response will not be reasonably capable of being
<br />associated with or reasonably be linked directly or indirectly to a particular individual.
<br />11. License and Intellectual Property. Agency grants Axon, its affiliates, and assignees the irrevocable, perpetual,
<br />fully paid, royalty-free, and worldwide right and license to use Agency Data for internal use including but not limited
<br />to analysis and creation of derivatives. Axon may not release Agency Data to any third party under this right that
<br />is not aggregated and de-identified. Agency acknowledges that Agency will have no intellectual property right in
<br />any media, good or service developed or improved by Axon. Agency acknowledges that Axon may make any
<br />lawful use of My90 Data and any derivative of Agency Data including, without limitation, the right to monetize,
<br />redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data,
<br />and Agency will have no intellectual property right in any good, service, media, or other product that uses My90
<br />Data.
<br />12. Agency Use of Aggregated Survey Response. Axon will make available to Agency Aggregated Survey
<br />Response and rights to use for any Agency purpose.
<br />13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Agency by appropriate
<br />technical and organizational measures, insofar as this is reasonable, for the fulfilment of Agency's obligation to
<br />respond to a Data Subject Request regarding any Personal Data contained within My90 Agency Content. If in
<br />regard to My90 Agency Content, Axon receives a Data Subject Request from Agency's data subject to exercise
<br />one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy-
<br />two (72) hours, to make its request directly to Agency. Agency will be responsible for responding to any such
<br />request.
<br />14. Assistance with Requests Related to My90 Agency Content. With regard to the processing of My90 Agency
<br />Content, Axon shall, if not prohibited by applicable law, notify Agency without delay after receipt, if Axon: (a)
<br />receives a request for information from the Supervisory Authority or any other competent authority regarding My90
<br />Agency Content; (b) receives a complaint or request from a third party regarding the obligations of Agency or
<br />Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly
<br />pertains to My90 Agency Content or the Processing or protection of My90 Agency Content. Axon shall not
<br />respond to such requests, complaints, or communications, unless Agency has given Axon written instructions to
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