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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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Item 15 - Agreements for Automated License Plate Recognition Camera Installation and Maintenance
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5/1/2025 3:18:20 PM
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City Clerk
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Agenda Packet
Agency
Police
Item #
15
Date
5/6/2025
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restrictions may be set forth in the Agreement or applicable Addendum. Any rights granted to <br />Customer or Authorized Users with respect to Motorola Data or Third -Party Data must <br />immediately terminate upon termination or expiration of the applicable Addendum, Ordering <br />Document, or the MCA. Further, Motorola or the applicable Third Party Data provider may <br />suspend, change, or terminate Customer's or any Authorized User's access to Motorola Data or <br />Third -Party Data if Motorola or such Third Party Data provider believes Customer's or the <br />Authorized User's use of the data violates the Agreement, applicable law or by Motorola's <br />agreement with the applicable Third Party Data provider. Upon termination of Customer's rights <br />to use of any Motorola Data or Third -Party Data, Customer and all Authorized Users must <br />immediately discontinue use of such data, delete all copies of such data, and certify such deletion <br />to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola has no <br />liability for Third -Party Data or Motorola Data available through the Products and Services. <br />Motorola and its Third Party Data providers reserve all rights in and to Motorola Data and Third - <br />Party Data not expressly granted in an Addendum or Ordering Document. <br />5. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a <br />Controller it must comply with the applicable provisions of the Motorola Privacy Statement at <br />https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement as each <br />may be updated from time to time. Motorola holds all Customer Contact Data as a Controller and <br />must Process such Customer Contact Data in accordance with the Motorola Privacy Statement. <br />In instances where Motorola is acting as a Joint Controller with Customer, the Parties must enter <br />into a separate addendum to the Agreement to allocate the respective roles as joint controllers. <br />6. Sub -processors. <br />6.1. Use of Sub -processors. Customer agrees that Motorola may engage Sub -processors <br />who in turn may engage Sub -processors to Process Personal Data in accordance with the DPA. <br />A current list of Sub -processors is set forth at Annex III. When engaging Sub -processors, <br />Motorola must enter into agreements with the Sub -processors to bind them to obligations which <br />are substantially similar or more stringent than those set out in this DPA. <br />6.2. Changes to Sub -processing. The Customer hereby consents to Motorola engaging <br />Sub -processors to process Customer Data provided that: (i) Motorola must use its reasonable <br />endeavors to provide at least 10 days' prior notice of the addition or removal of any Sub - <br />processor, which may be given by posting details of such addition or removal at a URL provided <br />to Customer in Annex III; (ii) Motorola imposes data protection terms on any Sub -processor it <br />appoints that protect the Customer Data to the same standard provided for by this Addendum; <br />and (iii) Motorola remains fully liable for any breach of this clause that is caused by an act, error <br />or omission of its Sub-processor(s). The Customer may object to Motorola's appointment or <br />replacement of a Sub -processor prior to its appointment or replacement, provided such objection <br />is based on reasonable grounds relating to data protection. In such event, Motorola will either <br />appoint or replace the Sub -processor or, if in Motorola's discretion this is not feasible, the <br />Customer may terminate this Agreement and receive a pro-rata refund of any prepaid service or <br />support fees as full satisfaction of any claim arising out of such termination. <br />6.3. Data Subject Requests. Motorola must, to the extent legally permitted, promptly notify <br />Customer if it receives a request from a Data Subject, including without limitation requests for <br />access to, correction, amendment, transport or deletion of such Data Subject's Personal Data <br />and, to the extent applicable, Motorola must provide Customer with commercially reasonable <br />cooperation and assistance in relation to any complaint, notice, or communication from a Data <br />Subject. Customer must respond to and resolve promptly all requests from Data Subjects which <br />Data Processing Addendum V.2022.12 <br />
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