PRIVACY POLICY
Axon Virtual Reality Privacy Policy
Last updated: February 22, 2022
This Axon Virtual Reality Privacy Policy (“Policy”) applies only to the information that Axon Enterprise, Inc. (“Axon”) collects and you or your employer (collectively, “Customer”) provide to Axon in connection with Customer’s use of Axon Virtual Reality (as defined below).
Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. Specific privacy policies may apply to some of our practices, products, or services. Please visit the webpage, mobile application, or digital asset of the specific product or service to learn more about our privacy practices in relation to that product or service.
Unless otherwise provided in this Policy, this Policy is subject to the terms of the Master Services Purchasing Agreement, or other similar agreement, if any, between Axon and Customer (“Agreement”). To the extent this Policy contains terms and conditions that differ from those contained in the Agreement, the Agreement shall control. A concept or principle covered in this Policy shall apply and be incorporated into all other provisions of the Agreement in which the concept or principle is also applicable, notwithstanding the absence of any specific cross-reference thereto. All capitalized and defined terms referenced, but not defined, in this Policy shall have the meanings assigned to them in the Agreement.
By using Axon Virtual Reality Services, Customer acknowledges that Customer has read and understand this Policy and Customer agrees to be bound by its terms and conditions. Axon may occasionally update this Policy. When Axon posts changes, Axon will revise the "last updated" date at the top of this page. Customer’s continued use of Axon Virtual Reality will signify Customer’s agreement and acceptance to any such changes.
THE DEFINITIONS
“Axon Academy” means Axon’s Customer learning management system on absorblms.com, and other related offerings, including, without limitation, interactions between Axon Academy and Axon Products.
“Axon Cloud Services” means Axon’s web services hosted on evidence.com including Axon Evidence, Axon Records, and Axon Dispatch, and other related offerings, including, without limitation, interactions between Axon Cloud Services and Axon Products (as defined below).
“Axon Online Support Platforms” means Axon Academy and MyAxon.
“Axon Virtual Reality” means Axon’s virtual reality services and virtual reality devices and virtual reality client applications and other related offerings, including, without limitation, interactions between Axon Virtual Reality and Axon Products.
“Axon Support Materials” means material(s) or content(s) made available by Axon to Customer within Axon Virtual Reality.
“Virtual Reality Customer Content” means data uploaded into, ingested by, or created in Axon Virtual Reality within Customer’s tenant, including training materials, media or multimedia uploaded into Axon Virtual Reality by Customer. Virtual Reality Customer Content excludes Virtual Reality Non-Content Data.
“Virtual Reality Non-Content Data” means data, configuration, and usage information about Customer’s Axon Virtual Reality tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Virtual Reality Services. Virtual Reality Non-Content Data includes data about users captured during account management and customer support activities. Virtual Reality Non-Content Data does not include Virtual Reality Customer Content.
For purposes of clarity: Virtual Reality Customer Content does not include Virtual Reality Non-Content Data and Virtual Reality Non-Content Data does not include Virtual Reality Customer Content.
“Axon Products” means:
(1) Axon Cloud Services; (2) Axon Virtual Reality; (3) devices sold by Axon (including, without limitation, conducted energy weapons, cameras, sensors, and docking systems) (collectively, “Axon Devices”); (4) other software offered by Axon (including, without limitation, Axon Capture, Axon Evidence SYNC, Axon Device Manager, Axon View, Axon Interview, Axon Commander, Axon Uploader XT, and Axon View XL) (collectively, “Axon Client Applications”); and (5) ancillary hardware, equipment, software, services, Axon Online Support Platforms, cloud-based services, documentation, and software maintenance releases and updates. Axon Products do not include any third-party applications, hardware, warranties, or the 'my.evidence.com' services.“Axon Support Materials” means material(s) or content(s) made available by Axon to Customer within Axon Virtual Reality.
“Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data (as defined below).
“Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.
“Data Exporter” means the Data Controller who transfers the Personal Data.
“Data Importer” means the Data Processor who agrees to receive from the Data Exporter Personal Data intended for processing on Data Exporter's behalf after the transfer in accordance with the Agreement and who is not subject to a third country’s system ensuring adequate protection within the meaning of the General Data Protection Regulation (EU) 2016/679 of the European Parliament (“GDPR”)
“MyAxon” means Axon’s Customer support portal hosted on salesforce.com and other related offerings, including, without limitation, interactions between MyAxon and Axon Products.
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on or sets of Personal Data, Virtual Reality Customer Content, Virtual Reality Non-Content Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sub-processor” means any processor engaged by the Data Importer or by any other sub-processor of the Data Importer who agrees to receive from the Data Importer or from any other sub-processor of the Data Importer Personal Data exclusively intended for processing activities to be carried out on behalf of the Data Exporter after the transfer in accordance with its instructions, the terms of the Clauses and the terms of the written subcontract.
AXON'S ROLE
Axon is a Data Processor of Virtual Reality Customer Content. Customer controls and owns all right, title, and interest in and to Virtual Reality Customer Content and Axon obtains no rights to Virtual Reality Customer Content. Customer is responsible for the uploading, sharing, withdrawal, management, and deletion of Virtual Reality Customer Content. Customer grants Axon limited access to Virtual Reality Customer Content solely to provide and support Axon Virtual Reality, respectively, to and for Customer and Customer’s end-users. Customer represents and warrants to Axon that, where applicable: (1) Customer owns Virtual Reality Customer Content; (2) and Virtual Reality Customer Content, and Customer’s end-users’ use of Virtual Reality Customer Content, does not violate this Policy or applicable data protection laws and regulations.
Axon may also collect, control, and process Virtual Reality Non-Content Data. Axon is a Data Controller for Virtual Reality Non-Content Data. Axon collects, controls, and processes Virtual Reality Non-Content Data to provide Axon Virtual Reality Services, respectively, and to support the overall delivery of Axon Products including business, operational, and security purposes. With Virtual Reality Non-Content Data, Axon may analyze, and report anonymized and aggregated data to communicate with external and internal stakeholders. In regard to Customer Entity & User Data, Axon is a Data Controller and Customer is an independent Data Controller, not a joint Data Controller with Customer.
DATA COLLECTION AND PROCESSING ACTIVITIES
Virtual Reality Customer Content
Axon will only use Virtual Reality Customer Content to provide Customer Axon Virtual Reality. Axon will not use Virtual Reality Customer Content for any advertising or similar commercial purposes. Axon periodically upgrades or changes Axon Virtual Reality to provide customers with new features and enhancements. Changes to Axon Virtual Reality may increase the capabilities of the service and ways in which Virtual Reality Customer Content can be processed.
Virtual Reality Non-Content Data
Virtual Reality Non-Content Data includes data, configuration, and usage information about customer's Axon Virtual Reality tenant, interactions between Axon Virtual Reality and other Axon Products, and users that is transmitted or generated when using Axon Virtual Reality. Virtual Reality Non-Content Data includes the following:
Customer Entity and User Data. Customer Entity and User Data includes personal and non-personal data regarding Customer's Axon Virtual Reality tenant configuration and users. Axon uses Customer Entity and User Data to: (1) provide Axon Virtual Reality, including, without limitation, user authentication and authorization functionality; (2) improve the quality of Axon Products including, without limitation, Axon Virtual Reality or provide enhanced functionality and features; (3) contact Customer to provide information about its account, tenant, subscriptions, billing, and updates to Axon Virtual Reality, including, without limitation, information about new features, security and other technical issues; and (4) market our products or services to Customer via email, by sending promotional communication including targeted advertisements, or presenting a Customer with relevant offers. Customer cannot unsubscribe from non-promotional communications but may unsubscribe from promotional communications at any time.
Customer Entity and User Service Interaction Data. Customer Entity and User Service Interaction Data includes data regarding Customers' interactions with Axon Virtual Reality; and, where applicable, Axon Client Applications. Axon uses Customer Entity and User Service Interaction Data to improve the quality of Axon Products or provide enhanced functionality and features.
Service Operations and Security Data. Axon uses Service Operations and Security Data to provide service operations and monitoring.
Account Data. Axon uses Account Data to provide Axon Virtual Reality, manage Customer's accounts, market to, and communicate with Customer. Customer may unsubscribe from promotional communications at any time.
Support Data. Axon uses Support Data to resolve Customer’s support incident, and to operate, improve, and personalize Axon Products. If Customer shares Virtual Reality Customer Content to Axon in a support scenario, Virtual Reality Customer Content will be treated as Support Data but will only be used for resolving support incidents. Axon may provide support through phone, email, or online chat. Phone conversations, and online chat sessions with Axon support professionals may be recorded and/or monitored.
For customers using Axon Academy and MyAxon to store their VR session After Action Report: Axon may use “impersonation” to temporarily navigate a Customer’s Axon Academy and MyAxon tenant to view data in order to resolve a support incident (“Impersonation”). This only applies to customers who choose to export their VR Session After Action report and store it in Axon Academy and MyAxon. Axon is unable to access the Video Replay of a VR session via Impersonation.
INTERNATIONAL TRANSFERS + SERVER AND DATA LOCATION
Axon has its headquarters in the United States. All Virtual Reality Customer Content and Virtual Reality Non-Content Data pursuant to this Privacy Policy will be processed in the United States. Virtual Reality Customer Content and Virtual Reality Non-Content Data may also be transferred to other Axon companies, branches, and service providers, including outside the UK, EEA, and Switzerland, and will be stored and processed manually and electronically through global systems and tools for the purposes described in the above section “Data Collection and Processing Activities”. Axon has appropriate safeguards in place to protect Virtual Reality Customer Content and Virtual Reality Non-Content Data. Customer acknowledges that Processing, including storage, of Virtual Reality Customer Content and Virtual Reality Non-Content Data will be in the United States.
International transfers of Personal Data collected in the UK, EEA and Switzerland is governed, where applicable, by the Standard Contractual Clause or another appropriate safeguard.
If Customer is an individual in the UK, EEA, or Switzerland, to obtain a copy of the safeguard describing how Customer Personal Data is protected, please contact us using the information in the Contact Us section below.
INFORMATION SHARING
Information about Axon Customers is an integral part of our business. Axon neither rents nor sells Virtual Reality Customer Content and Virtual Reality Non-Content Data to anyone. Axon may transfer Virtual Reality Customer Content and Virtual Reality Non-Content Data with its direct and indirect subsidiaries and Sub-processors, including, without limitation, service providers and other partners to support the overall delivery of Axon Virtual Reality as described in the “Data Collection and Processing Activities” section of this Policy.
AXON SUB-PROCESSORS
Axon may hire Sub-processors to provide or enhance Axon Virtual Reality on its behalf. Axon will only permit any such Sub-processors to obtain Virtual Reality Customer Content from Axon Virtual Reality, respectively, to deliver services to Axon and will be prohibited from using this data for any other purpose. Axon exercises commercially reasonable efforts in connection with contractual obligations to ensure its Sub-processors are compliant with all applicable data protection laws and regulations surrounding the Sub-processors access and scope of work in connection with Virtual Reality Customer Content.
Customer consents to the transfer of Virtual Reality Customer Content to Axon's Sub-processors for the purpose of storing Virtual Reality Customer Content. Such Sub-processors responsible for storage of Virtual Reality Customer Content are contracted by Axon for data storage services. Ownership of Virtual Reality Customer Content remains with Customer.
Prior to onboarding Sub-processors, Axon conducts an audit of the security and privacy practices of Sub-processors to ensure Sub-processors provide a level of security and privacy appropriate to its access to data and scope of services.
Axon maintains an up-to-date list of the names and locations of all Sub-processors. Axon may engage new Sub-processors. Axon will give Customer notice (by updating the website) of any new Sub-processor. If Customer is a current Axon Virtual Reality customer with a data processing agreement in place with Axon, Customer may subscribe to receive notifications of a new Sub-processor(s) before Axon authorizes any new Sub-processor to process Virtual Reality Customer Content in connection with the provision of their service. If Customer would like to subscribe to receive email notifications for changes to Axon Virtual Reality Sub-processor(s) or for a complete list of Axon Virtual Reality Sub-Processors, please contact us using the information in the Contact Us section below.
REQUIRED DISCLOSURES
Axon will not disclose Virtual Reality Customer Content except as compelled by a court or administrative body or required by any law or regulation. Unless prohibited by law, Axon will notify Customer if any disclosure request is received for Virtual Reality Customer Content so Customer may file an objection with the court or administrative body.
CUSTOMER'S ACCESS AND CHOICE
Virtual Reality Customer Content
Customer can access Customer's tenant to manage Virtual Reality Customer Content.
Virtual Reality Non-Content Data
Within the scope of Axon's authorization to do so, Axon will work with Customers to provide access to Personal Data about Customer that Axon or Sub-processors holds. Axon will also take reasonable steps to enable Customers to correct, amend, or delete Personal Data that is demonstrated to be inaccurate.
If at any time after registering an account on Axon Virtual Reality, Customer desires to update Personal Data Customer has shared with us, change their mind about sharing Personal Data with us, desire to cancel their Customer account, or request that Axon delete or no longer use provided Personal Data to provide Customer services, please contact us at privacy@axon.com. We will retain and use Personal Data for as long as needed to provide Customer services, comply with our legal obligations, resolve disputes, and enforce our agreements.
DATA SECURITY MEASURES
Axon is committed to help protect the security of Virtual Reality Customer Content and Virtual Reality Non-Content Data. Axon has established and implemented policies, programs, and procedures that are commercially reasonable and in compliance with applicable industry practices, including administrative, technical and physical safeguards to protect the confidentiality, integrity and security of Virtual Reality Customer Content and Virtual Reality Non-Content Data against unauthorized access, use, modification, disclosure or other misuse.
Axon will take appropriate steps to ensure compliance with the data security measures by its employees, contractors and Sub-processors, to the extent applicable to the respective scope of performance.
AUTOMATED DECISION-MAKING
Customers will not be subject to decisions that will have a significant impact on Customers based solely on automated decision-making.
IF CUSTOMER CHOOSES NOT TO PROVIDE PERSONAL DATA
Customers are under no statutory or contractual obligation to provide Personal Data to Axon. However, if Customer fails to provide Personal Data when requested, which is necessary for us to provide a product or service to them, we may not be able to complete Customer’s request. For example, without Customer name or email, we will not be able to register them for an Axon Virtual Reality account.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT
Axon takes seriously its obligations under the Children’s Online Privacy Protection Act concerning the collection of data from individuals under the age of 13. Axon Virtual Reality are not directed at children, as Axon requests that children under the age of 13 not provide data through Axon Virtual Reality.
HOW TO CONTACT US
Axon commits to resolve complaints about Customer privacy and use of Axon Virtual Reality. Complaints surrounding this Policy can be directed to Customer's local Axon representative or privacy@axon.com. If Customer has any questions or concerns regarding privacy and security of Virtual Reality Customer Content and Virtual Reality Non-Content Data or Axon's handling of Customer's Personal Data, please contact privacy@axon.com.
If Customer is an UK, EU, or Swiss resident and we are unable to satisfactorily resolve any complaint relating to Personal Data, or if Axon fails to acknowledge Customer's complaint in a timely fashion, Customer can contact, respectively, the UK Information Commissioners Office (UK ICO), or the relevant EU Data Protection Authorities (DPAs), or the Swiss Federal Data Protection and Information Commissioner (FDPIC).