Last updated: September 22, 2021
MyAxon & Axon Academy Privacy Policy
This MyAxon & Axon Academy 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 MyAxon & Axon Academy (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.
Axon's marketing sites and other public websites are governed by the Axon Global Privacy Policy.
If you represent an organization, such as a business or agency, that utilizes Axon Cloud Services products, please see the Axon Cloud Services Privacy Policy.
If you utilize Axon Citizen, please see the Axon Citizen Privacy Policy.
If you (1) apply for a job role; (2) otherwise seek to work with or for us; or (3) being considered for a job role at Axon, please see the Applicant and Candidate Privacy Policy.
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 MyAxon & Axon Academy, 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 MyAxon & Axon Academy will signify Customer’s agreement and acceptance to any such changes.
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 (as defined below).
“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 Products” means:
(1) Axon Cloud Services; (2) devices sold by Axon (including, without limitation, conducted energy weapons, cameras, sensors, and docking systems) (collectively, “Axon Devices”); (3) 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 (4) ancillary hardware, equipment, software, services, 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.
“Customer Data” means:
“MyAxon Content”, which means data uploaded into, ingested by, or created in MyAxon within Customer’s tenant, including, without limitation, media or multimedia uploaded into MyAxon by Customer; and
“MyAxon Non-Content Data”, which means:
“Customer Entity and User Data”, which means Personal Data and non-Personal Data regarding Customer’s MyAxon tenant configuration and users;
“Customer Entity and User Service Interaction Data” which means data regarding Customer's interactions with MyAxon; and, where applicable, Axon Client Applications;
“Service Operations and Security Data”, which means data within service logs, metrics and events and vulnerability data, including, without limitation: (i) application, host, and infrastructure logs; (ii) MyAxon, Axon Device and Axon Client Application logs; (iii) service metrics and events logs; and (iv) web transaction logs;
“Account Data”, which means information provided to Axon during sign-up, purchase, or administration of MyAxon, including, without limitation, the name, address, phone number, and email address Customer provides, as well as aggregated usage information related to Customer’s account and administrative data associated with the account; and
“Support Data”, which means the information Axon collects when Customer contacts or engages Axon for support, including, without limitation, information about hardware, software, and other details gathered related to the support incident, such as contact or authentication information, chat session personalization, information about the condition of the machine and the application when the fault occurred and during diagnostics, system and registry data about software installations and hardware configurations, and error-tracking files.
“Academy Training Content”, which means data uploaded into, ingested by, or created in Axon Academy within Customer’s tenant, including, without limitation, media or multimedia uploaded into Axon Academy by Customer; and
“Academy Non-Training Content”, which means:
“Customer Entity and User Data”, which means Personal Data and non-Personal Data regarding Customer’s Axon Academy tenant configuration and users;
“Customer Entity and User Service Interaction Data” which means data regarding Customer's interactions with Axon Academy; and, where applicable, Axon Client Applications;
“Service Operations and Security Data”, which means data within service logs, metrics and events and vulnerability data, including, without limitation: (i) application, host, and infrastructure logs; (ii) Axon Academy, Axon Device and Axon Client Application logs; (iii) service metrics and events logs; and (iv) web transaction logs;
“Account Data”, which means information provided to Axon during sign-up, purchase, or administration of Axon Academy , including, without limitation, the name, address, phone number, and email address Customer provides, as well as aggregated usage information related to Customer’s account and administrative data associated with the account; and
“Support Data”, which means the information Axon collects when Customer contacts or engages Axon for support, including, without limitation, information about hardware, software, and other details gathered related to the support incident, such as contact or authentication information, chat session personalization, information about the condition of the machine and the application when the fault occurred and during diagnostics, system and registry data about software installations and hardware configurations, and error-tracking files.
For purposes of clarity: (1) Academy Training Content does not include Academy Non-Training Content and Academy Non-Training Content does not include Academy Training Content; (2) MyAxon Content does not include MyAxon Non-Content Data, and MyAxon Non-Content Data does not include MyAxon Content.
“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 (as defined below).
“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 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.
“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 MyAxon Content and Academy Training Content. Customer controls and owns all right, title, and interest in and to MyAxon Content and Academy Training Content and Axon obtains no rights to MyAxon Content and Academy Training Content. Customer is solely responsible for the uploading, sharing, withdrawal, management and deletion of MyAxon Content and Academy Training Content. Customer grants Axon limited access to MyAxon Content and Academy Training Content solely to provide and support MyAxon & Axon Academy, respectively, to and for Customer and Customer’s end-users. Customer represents and warrants to Axon that, where applicable,:
(1) Customer owns MyAxon Content and Academy Training Content;
(2) and MyAxon Content and Academy Training Content, and Customer’s end-users’ use of MyAxon Content and Academy Training Content and MyAxon & Axon Academy, does not violate this Policy or applicable data protection laws and regulations.
Axon may also collect, control, and process MyAxon Non-Content Data and Academy Non-Training Content. Axon is a Data Controller for MyAxon Non-Content Data and Academy Non-Training Content. Axon collects, controls, and processes MyAxon Non-Content Data and Academy Non-Training Content to provide MyAxon & Axon Academy, respectively, and to support the overall delivery of Axon Products including business, operational, and security purposes. With MyAxon Non-Content Data and Academy Non-Training Content, 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
MyAxon
MyAxon Content. Axon will only use MyAxon Content to provide Customer MyAxon. Axon will not use MyAxon Content for any advertising or similar commercial purposes. Axon periodically upgrades or changes MyAxon to provide customers with new features and enhancements. Changes to MyAxon may increase the capabilities of the service and ways in which MyAxon Content can be processed.
MyAxon Non-Content Data. MyAxon Non-Content Data includes data, configuration, and usage information about customer's MyAxon tenant, interactions between MyAxon and Axon Products, and users that is transmitted or generated when using MyAxon. MyAxon 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 MyAxon tenant configuration and users. Axon uses Customer Entity and User Data to: (1) provide MyAxon, including, without limitation, user authentication and authorization functionality; (2) improve the quality of Axon Products or provide enhanced functionality and features; (3) contact Customer to provide information about its account, tenant, subscriptions, billing, and updates to MyAxon, 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 MyAxon; and, where applicable, Axon Client Applications. Axon uses Customer Entity and User Service Interaction Data to improve the quality of Axon Products and 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 MyAxon, 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 MyAxon Content to Axon in a support scenario, MyAxon 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. With Customer’s permission, Axon may use “impersonation” to temporarily navigate Customer’s MyAxon tenant to view data in order to resolve a support incident (“Impersonation”). Phone conversations, online chat sessions, or Impersonation sessions with Axon support professionals may be recorded and/or monitored.
Axon Academy
Academy Training Content. Axon will only use Academy Training Content to provide Customer Axon Academy. Axon will not use Academy Training Content for any advertising or similar commercial purposes. Axon periodically upgrades or changes Axon Academy to provide customers with new features and enhancements. Changes to Axon Academy may increase the capabilities of the service and ways in which Academy Training Content can be processed.
Academy Non-Training Content. Academy Non-Training Content includes data, configuration, and usage information about customer's Axon Academy tenant, interactions between Axon Academy and Axon Products, and users that is transmitted or generated when using Axon Academy. Academy Non-Training Content includes the following:
Customer Entity and User Data. Customer Entity and User Data includes personal and non-personal data regarding Customer's Axon Academy tenant configuration and users. Axon uses Customer Entity and User Data to: (1) provide Axon Academy, including, without limitation, user authentication and authorization functionality; (2) improve the quality of Axon Products or provide enhanced functionality and features; (3) contact Customer to provide information about its account, tenant, subscriptions, billing, and updates to Axon Academy, 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 Academy; and, where applicable, Axon Client Applications. Axon uses Customer Entity and User Service Interaction Data to improve the quality of Axon Products and 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 Academy, 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 Academy Training Content to Axon in a support scenario, Academy Training 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. With Customer’s permission, Axon may use “impersonation” to temporarily navigate Customer’s Axon Academy tenant to view data in order to resolve a support incident (“Impersonation”). Phone conversations, online chat sessions, or Impersonation sessions with Axon support professionals may be recorded and/or monitored.
INTERNATIONAL TRANSFERS + SERVER AND DATA LOCATION
Axon has its headquarters in the United States. All Customer Data pursuant to this Privacy Policy, including MyAxon Content, and Academy Training Content will be processed in the United States. Customer Data may also be transferred to other Axon companies, branches, and service providers, including outside the 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 Customer Data. Customer acknowledges that Processing, including storage, of Academy Training Content, MyAxon Content, MyAxon Non-Content Data, and Academy Non-Training Content will be in the United States.
International transfers of Personal Data collected in the EEA and Switzerland is governed, where applicable, by the Standard Contractual Clause or another appropriate safeguard.
If Customer is an individual in the 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
Axon may transfer Customer Data with its direct and indirect subsidiaries and Sub-processors, including, without limitation, service providers and other partners to support the overall delivery of MyAxon and Axon Academy as described in “Data Collection and Processing Activities” section of this Policy.
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 MyAxon Content and Academy Training Content.
Customer consents to the transfer of MyAxon Content and Academy Training Content to Axon's Sub-processors for the purpose of storing MyAxon Content and Academy Training Content. Such Sub-processors responsible for storage of MyAxon Content and Academy Training Content are contracted by Axon for data storage services. Ownership of MyAxon Content and Academy Training Content remains with Customer.
Axon may hire Sub-processors to provide or enhance MyAxon and Axon Academy on its behalf. Axon will only permit any such Sub-processors to obtain MyAxon Content and Academy Training Content from MyAxon & Axon Academy, respectively, to deliver services to Axon and will be prohibited from using this data for any other purpose. Axon may engage new Sub-processors. Axon will give Customer notice (by updating the website) of any new Sub-processor.
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 SUB-PROCESSORS
Axon maintains an up-to-date list of the names and locations of all Sub-processors. If Customer is a current MyAxon and Axon Academy 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 MyAxon Content and Academy Training Content in connection with the provision of their service. If Customer would like to subscribe to receive email notifications for changes to MyAxon and Axon Academy Sub-processor(s) or for a complete list of MyAxon and Axon Academy Sub-Processors, please contact us using the information in the Contact Us section below.
If Customer is an individual in the 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.
REQUIRED DISCLOSURES
Axon will not disclose MyAxon Content and Academy Training 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 MyAxon Content and Academy Training Content so Customer may file an objection with the court or administrative body.
CUSTOMER'S ACCESS AND CHOICE
MyAxon Content and Academy Training Content
Customer can access Customer's tenant to manage Academy Training Content and MyAxon Content.
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 MyAxon & Axon Academy, Customer desire 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 Customer 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 MyAxon Non-Content Data, Academy Non-Training Content, MyAxon Content, and Academy Training Content 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 a MyAxon 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. MyAxon and Axon Academy are not directed at children, as Axon requests that children under the age of 13 not provide data through MyAxon and Axon Academy.
HOW TO CONTACT US
Axon commits to resolve complaints about Customer privacy and use of MyAxon and Axon Academy. 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 MyAxon Content or Academy Training Content or Axon's handling of Customer's Personal Data, please contact privacy@axon.com.
If Customer is an EU citizen 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 the relevant EU Data Protection Authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC).