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<br />
<br />Consulting Services Agreement between City of San Leandro and Axon Enterprise, Inc. for Fleet 3
<br />Advanced Last revised [12/19/2023]
<br /> Exhibit D – Page 9 of 1
<br />Axon Customer Experience Improvement Program Appendix
<br />1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s
<br />development of technology, such as building and supporting automated features, to ultimately increase safety
<br />within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as
<br />described below, Axon, where allowed by law, may make limited use of City Content from all of its customers
<br />to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes").
<br />However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use
<br />Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security
<br />Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry
<br />standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP
<br />has 2 tiers of participation, Tier 1 and Tier 2. By default, City will be a participant in ACEIP Tier 1. If City does
<br />not want to participate in ACEIP Tier 1, City can revoke its consent at any time. If City wants to participate in
<br />Tier 2, as detailed below, City can check the ACEIP Tier 2 box below. If City does not want to participate in
<br />ACEIP Tier 2, City should leave box unchecked. At any time, City may revoke its consent to ACEIP Tier 1,
<br />Tier 2, or both Tiers.
<br />2. ACEIP Tier 1.
<br />2.1. When Axon uses City Content for the ACEIP Purposes, Axon will extract from City Content and may
<br />store separately copies of certain segments or elements of the City Content (collectively, "ACEIP
<br />Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to
<br />aggregate, transform or de-identify City Content so that the extracted ACEIP Content is no longer
<br />reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a
<br />particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples
<br />are described in footnote 11. For clarity, ACEIP Content will still be linked indirec tly, with an attribution,
<br />to the City from which it was extracted. This attribution will be stored separately from the data itself, but
<br />is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon
<br />City request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to
<br />create derivative works. At any time, City may revoke the consent granted herein to Axon to access
<br />and use City Content for ACEIP Purposes. Within 30 days of receiving the City’s request, Axon will no
<br />longer access or use City Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon
<br />will also delete any derivative works which may reasonably be capable of being associated with, or
<br />could reasonably be linked directly or indirectly to City. In addition, if Axon uses City Content for the
<br />ACEIP Purposes, upon request, Axon will make available to City a list of the specific type of City Content
<br />being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving
<br />extraction technique, and relevant data protection practices applicable to the City Content or ACEIP
<br />Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30
<br />days prior to authorizing the deployment of any new Use Case, Axon will provide City notice (by
<br />updating the list of Use Case at https://www.axon.com/aceip and providing City with a mechanism to
<br />obtain notice of that update or another commercially reasonable method to City designated contact)
<br />("New Use Case").
<br />2.2. Expiration of ACEIP Tier 1. City consent granted herein will expire upon termination of the Agreement.
<br />In accordance with section 1.1.1, within 30 days of receiving the City’s request, Axon will no longer
<br />access or use City Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete
<br />any derivative works which may reasonably be capable of being associated with, or could reasonably
<br />be linked directly or indirectly to, City.
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<br />1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to
<br />directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying
<br />metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources
<br />(including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a
<br />particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR)
<br />capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate
<br />could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and
<br />the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass
<br />breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be
<br />extracted and all human utterances would be removed.
<br />DocuSign Envelope ID: E1B6788D-C642-4C4D-8553-CFF844DE231E
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