Attachment_D_1-19-58-69_-_MultiStream_Supplement_Language.docx

Governor Gavin Newsom

Attachment D

State of California Contract 1-19-58-69 for Telemetry/GPS Systems

Multi-Streaming Services Terms and Conditions

Multi-streaming services allow data from a device to be streamed to the primary database of Geotab USA, Inc. (“Contractor”) and to one or more secondary databases (each a “Secondary Database”) simultaneously. By ordering multi-streaming services listed in the electronic catalog described in Section 3.8 of State of California Contract 1-19-58-69 for Telemetry/GPS systems (the “Contract”) from Contractor, the State of California (the “State”) or a California or other local government agency that has subscribed to certain services available under the Contract (an “Ordering Agency”) may request that data be streamed to one or more Secondary Databases maintained by the Contractor.

To ensure that the Contractor can comply with applicable laws, the State and each Ordering Agency, as applicable, must only use multi-streaming services if they agree to be bound by the following representations, warranties, acknowledgements, covenants, conditions and restrictions:

1. For the purpose of these multi-streaming services terms and conditions, “business purpose”, “collection”, “device”, “personal information”, “processing”, “sell”, and “third party” shall have the meanings ascribed to them under the California Consumer Privacy Act of 2018 or any successor or superseding legislation (“CCPA”).

2. In connection with the collection or processing of personal information by the State or any Ordering Agency, (i) such collection and processing must be for a business purpose; and (ii) the State or Ordering Agency must not sell any personal information to any third party.

3. The State or Ordering Agency represents, warrants and covenants to the Contractor, its affiliates and their respective licensors that:

(a) in connection with the collection or processing of personal information by the State or Ordering Agency, the State or Ordering Agency will provide all notices necessary in connection with the collection and processing of personal information by the State, the Ordering Agency, the Contractor, and the Contractor’s subcontractors, including streaming that personal information to each applicable Secondary Database;

(b) the State or Ordering Agency will obtain all consents, permissions, and instructions necessary for streaming personal information or personal data to each applicable Secondary Database;

(c) the State or Ordering Agency will have an appropriate privacy program in place, including without limitation reasonable security procedures and practices, and will comply with such program; and

(d) the State or Ordering Agency will be responsible and liable for providing accurate and complete device information and Secondary Database information for the purposes of enabling and disabling each data stream to or from each Secondary Database.

4. The State or Ordering Agency acknowledges and agrees that Contractor, its affiliates and their respective licensors will rely upon such representations, warranties, acknowledgements, covenants, conditions and restrictions in connection with the provision of multi-streaming services.

5. The State or Ordering Agency hereby releases and forever discharges, and will indemnify and hold harmless, the Contractor, its affiliates, its licensors, agents, and contractors, and their respective shareholders, directors, officers, employees and representatives, from and against any responsibility or liability in connection with a breach of such representations, warranties, acknowledgements, covenants, conditions or restrictions.

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