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MY90 PRIVACY POLICY

Last Updated 8/8/2022

When you use our Services, you are trusting us with your information. Holding onto your private information is a serious responsibility and we want you to know how we are handling it. Axon Enterprise Inc. and its Affiliates ("Axon") is a Personal Data Controller. This means that we are responsible for deciding how we hold and use Personal Data or Personal Information (referred to herein as "Personal Data") about you. The My90 Privacy Policy ("Policy") is meant to help you to understand what information we collect, why we collect it, and how you can update, manage, and delete your information. This Policy applies to the interactions Axon has with you and My90, as well as other Axon products, websites, mobile applications, or digital assets that display this Policy ("Services" or "My90")

By using My90, you acknowledge that you have read and understand this Policy and agree 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. Your continued use of My90 will signify your agreement and acceptance to any such changes.

DEFINITIONS

  • “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.

  • “CCPA” means the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., its implementing regulations, together with any amending or replacement legislation.

  • “Cross-content Behavior Advertising” means targeting of advertisements to a consumer based on the consumer’s Personal Information obtained from the consumer’s activity across businesses, distinctly branded websites etcetera.

  • “Survey Response” which means survey recipients response to My90 Survey.

  • “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).

  • “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

  • “My90 Partners“ means the customers of Axon that are using My90.

  • “My90” means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon Products.

  • “My90 Survey” which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.

  • “Aggregated Survey Response” which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual.

  • “Personal Data/Personal Information” 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 Personal Data or on sets of Personal 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.

  • “Recipient Contact Information” means contact Information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.

  • “Sale” means selling, renting, releasing, disclosing, disseminating, making available or transferring a consumer’s Personal Information by the business to a third party for monetary or other valuable consideration.

  • “Sharing” means sharing, renting, releasing, disclosing, disseminating, making available or transferring a consumers Personal Information by the business to a third party for Cross-content Behavior Advertising whether or not for monetary or other valuable consideration.

  • “Sensitive Personal Data” means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or the processing of genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

  • Services” means My90 and professional services provided by Axon.

  • “Supervisory Authority” means an independent public authority which is established by an European Union Member State or the United Kingdom pursuant to the applicable set of privacy laws.

  • “UK-GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, as it applies to the United Kingdom.

WHAT PERSONAL DATA WE COLLECT

Axon may collect and process different types of Personal Data in the course of operating our business and providing our Services, this includes:

Personal Data collected from you

Survey Recipients

  • Device Information and Unique identifiers. Data from which your device could be identified, such as browser type

  • Survey Recipients Contact Information. Data that can be used to contact you such as Email address and/or phone number

  • Age Range. The age you provided on the survey

  • Sensitive Personal Data.
    When you use My90, we collect the following sensitive information from you: racial or ethnic data, gender identity or age. This information is optional and you may skip any questions that you are not comfortable with.
    You may also choose to share on a survey in our free form responses other sensitive information. This may include your health data, racial or ethnic data, sexual orientation, pregnancy or childbirth information, disability, religious or philosophical beliefs, trade union membership, political opinion, genetic information, or biometric data. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on your prior express consent, where required by law, for any processing which is voluntary.

My90 Partners

  • Contact Information. Data that can be used to contact you such as first and last name, email address, phone number, physical address, mailing address and other contact information

  • Account Information. Data used to setup and manage your account

Information captured from My90 Partners + Survey Recipients

  • Diagnostics, Service Operations, and Security Data. This includes information such as: crash logs; performance data, and other diagnostic data

  • Support Data. Data that we may collect when you contact or engage Axon for support. Support data includes, without limitation, details gathered related to the support incident, such as contact authentication information

  • Other Information you provide to us. Data such as the content of your communication with Axon, including interaction with customer support

Personal Data collected from other sources

  • Individuals or My90 Partners. Axon may collect data about you from other individuals, for example, your contact information so we can administer the survey to you.

IF YOU CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA

You are under no statutory or contractual obligation to provide Personal Data to Axon. However, if you fail to provide Personal Data when requested, which is necessary for us to provide a product or service to you, we may not be able to complete your request. For example, without your phone number, we will not be able to send you a survey.

HOW YOUR PERSONAL DATA IS USED

Unless specified otherwise above or at the time of collection, Axon may use your Personal Data to operate, evaluate, and improve our business and provide our Services including:

Survey Recipients

  • Administer the My90 Survey on behalf of our My90 Partners

  • Access and analyze Survey Response. Axon will analyze respondent response to surveys to evaluate My90 Partners interactions with respondents or to obtain insight. For example, to understand the effectiveness of existing emergency response processes or to understand respondents sentiment towards My90 Partners and policing. This information can help Axon and My90 Partners obtain insights and comparison on policing and community trends and accordingly implement or recommend implementation of measures to improve policing.

  • Develop and share Aggregated Survey Response: Axon may aggregate and de-identify and share Aggregated Survey Responses publicly or privately through various mediums. We share this information to provide insights and comparison on general policing and community trends. Prior to sharing this information, Axon will ensure that the Survey Response has been aggregated and de-identified so it can no longer be linked directly to a respondent.

My90 Partners

  • Functionality. Using data to enable My90 functionality such as to create surveys, authenticate users, enable features, improve scalability and performance, or perform customer support

  • Account management. Using data to setup and manage your account. For example, to enable you to have an account, manage My90 subscription, or verify your credentials

  • Developer communications. Using data to send news or notifications about you or My90. For example, sending a notification to inform you about an important security update or new feature

  • Analytics. Using data to evaluate your behavior, including to understand the effectiveness of existing product features, plan new features, or measure audience size or characteristics. For example, to see how many users received a survey request vs how many completed it

  • Axon Marketing and Advertising. Using data to send marketing communications directly to you, or sending notifications, where applicable, to increase engagement. We may contact you for marketing purposes, unless you have told us not to contact you for these purposes or we have not obtained your consent when required by law. If you do not wish to receive marketing communication from Axon, please request to unsubscribe through the opt-out option in the communication or by emailing [email protected]. Please know, if you unsubscribe from marketing communications you may still get service related communication. If you are a recipient of a My90 Survey, Axon will not contact you for marketing purposes or target ads to you.

Survey Recipients and My90 Partners

  • Comply with applicable laws and regulations. Comply with applicable laws and regulations, including laws outside your country of residence. This may include satisfying tax or reporting obligations, or to comply with a lawful governmental request

  • Enforcement of policies, terms & conditions. Enforce our policies, terms & conditions, or as necessary to establish, exercise and defend legal rights

  • Protection. Protect our rights, privacy, safety, security, property, and/or that of our affiliates, you or others.

LEGAL BASIS FOR PROCESSING PERSONAL DATA

If you are an individual in the United Kingdom (UK), European Economic Area (EEA), or Switzerland, our legal basis for the collection and processing of your Personal Data is as follows:

  • contractual obligations to facilitate and process transactions that take place when you interact with Axon, such as when you sign up for My90;

  • consent, where applicable and required by law; and

  • legitimate interest to: provide and support the delivery of our Services; foster relationship/networking with customers; grow Axon’s business; ensure you are not omitted from receiving information about products, promotions or events you may have an interest in; investigate and help prevent security threats, fraud, or other malicious activity; enforce & protect the rights and properties of Axon or its affiliates; protect the rights and personal safety of Axon employees and third parties on or using the Services or Axon Products; and for the purposes which may be required by applicable laws and regulations.

INFORMATION SHARING

Information about Axon customers is an integral part of our business. Axon neither rents nor sells your Personal Data to anyone except as described in this Policy. We share your Personal Data only with entities that control or are controlled by or under common control of Axon, and as described below:

  • Agents/Service Providers. Axon employs other companies and people to perform tasks on our behalf and may need to share your Personal Data with them to provide our Services to you. Examples may include removing repetitive information from customer lists, analyzing information, providing marketing assistance, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to adhere to this Policy. Additionally, when Axon wishes to transfer this information to a third-party acting as an agent, it will only do so if the third-party agent enters into a written non-disclosure agreement.

  • My90 Partners. Response to My90 Surveys are shared with My90 Partners. My90 Partners, are Axon Customers who contracted with Axon to administer surveys on their behalf. Please know My90 Partners, are also Controllers of the Survey Responses. In addition to the purposes described in the above section “How Your Personal Data is Used.”, your information will be used in accordance with their data protection practices and privacy policies. Please reach out to that My90 Partner directly to obtain information about how they will use your data.

  • Others. Except as described in this Policy, Axon will not share the Personal Data you provide to Axon with third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any applicable law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud, or other malicious activity; (iv) enforce/protect the rights and properties of Axon or its subsidiaries; (v) protect the rights and personal safety of Axon employees and third parties using Axon Products; or (vi) enable a reorganization, merger or sale.

INTERNATIONAL TRANSFERS

Axon has its headquarters in the United States. Information we collect from you will be processed in the United States. Your Personal 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 “How Your Personal Data is Used.” Axon has appropriate safeguards in place to protect your Personal Data.

International transfers of Personal Data collected in the UK, EEA, and Switzerland is governed, where applicable, by the Standard Contractual Clauses or another appropriate safeguard. If you are an individual in the UK, EEA, or Switzerland, to obtain a copy of the safeguard describing how your Personal Data is protected, please contact us using the information in the Contact Us section below.

AUTOMATED DECISION-MAKING

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

DATA RETENTION

Axon will only retain Personal Data for as long as needed for the specific purpose in which it was obtained, or as otherwise required by applicable laws or regulations. For more information on where and how long your Personal Data is stored, please contact us at [email protected].

KEEPING PERSONAL DATA SECURE

Axon is committed to help protect the security of your Personal 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 Personal Data against unauthorized access, use, modification, disclosure and other misuse. Axon will take appropriate steps to ensure compliance with the data security measures by its employees, contractors and Agents, to the extent applicable to the respective scope of performance.

YOUR PRIVACY RIGHTS

As a data subject, you have a number of rights. You can:

  • Access and obtain a copy of your Personal Data on request

  • Require Axon to change incorrect or incomplete Personal Data

  • Require Axon to delete or stop processing your Personal Data, for example where the Personal Data is no longer necessary for the purposes of processing

  • Object to the processing of your Personal Data where Axon is relying on its legitimate interests as the legal ground for processing

  • Opt-out of the Sale or Sharing of your Personal Data

  • Opt-out of marketing communication. Please know if you opt-out of marketing communication, you may still receive occasional service-related messages

  • Withdraw your consent in circumstances where consent is the legal basis for processing.

You also have the right to not be discriminated against for exercising your Privacy Rights. Please know Axon will not discriminate against you for exercising your Privacy Rights.

If you would like to exercise any of these rights or have any questions, please contact us at [email protected].
If you are located in the UK, EEA, or Switzerland and you believe that Axon has not complied with your data protection rights, you have the right to lodge a complaint with a supervisory authority, in particular in the UK, Switzerland, or the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner (“ICO”). Contact details for the ICO can be found at https://ico.org.uk/.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT

Axon takes seriously its obligations under the Children’s Online Privacy Protection Act concerning the collection of Personal Data from individuals under the age of 13. My90 is not directed at children, as Axon requests that children under the age of 13 not provide Personal Data through My90.

THIRD-PARTY SITES

The Axon websites or platforms may permit you to link to other websites on the Internet, and other websites may contain links to the Axon websites. Those other websites are not under Axon’s control, and such links do not constitute an endorsement by Axon of those other websites, or the services offered through them. The privacy and security practices of websites linked to or from the Axon websites or platforms are not covered by this Policy, and Axon is not responsible for the privacy or security practices or the content of those websites.

CONDITIONS OF USE

If you decide to use our Services, your use and any possible dispute over privacy, unless otherwise stated, is subject to this Policy, arbitration of disputes, and Arizona law.

CONTACT US

Axon takes privacy seriously. Complaints surrounding this Policy can be directed to your local Axon representative or [email protected]. If you have any questions or concerns regarding the privacy and security of your Personal Data, please contact [email protected].