TERMS & CONDITIONS FOR USE OF ATTENDANCE ON DEMAND SERVICES 

These terms and conditions (“Agreement”) are made and entered into between your organization (“Customer”), through its duly authorized representative, and Attendance on Demand, Inc., located at 22300 Haggerty Road, Northville, MI 48167 (“AOD”). This Agreement is binding between Customer and AOD.

1.     SERVICES. Based on information and data supplied by or on behalf of Customer and in consideration for: (a) the payment of all applicable fees as set forth in an applicable ordering document (“Fees”) and (b) Customer’s fulfillment of its other obligations under this Agreement, Customer may access and utilize AOD’s hosted proprietary solution to (i) perform various workforce management functions, including, as applicable WorkSync®; or (ii) if applicable, retain data after Customer ceases use of the solution to perform various workforce management functions (collectively “Services”). AOD, or its designated provider, shall perform all reasonably necessary duties that are consistent with the Services. Customer’s production use of the Services is deemed as Customer’s acceptance of the implementation of the Services. AOD reserves the right to reject any implementation that, in AOD’s sole discretion, may be inconsistent with applicable laws or regulations. Customer acknowledges and understands that certain functions and features available through the Services are provided by third party service providers (“Third Party Providers”), for which AOD has no responsibility. Some Third Party Providers require Customer to agree to separate terms and conditions, to which AOD is not a party, or require AOD to pass through certain terms and conditions, which may be found following the “Miscellaneous” Section of this Agreement. 

2.     CUSTOMER RESPONSIBILITIES. In addition to paying the Fees on a timely basis, Customer agrees at all times: (i) to ensure the Services are implemented, configured, and used in a manner consistent with all applicable international, federal, state and local laws and regulations; (ii) that it is solely responsible for its use of the Services, which Customer is using at its own risk; (iii) to have properly functioning Internet browser software and an Internet connection with sufficient speed and available bandwidth to support its use of the Services; (iv) that it represents and warrants the accuracy and completeness of any information and data that it provides in using the Services and that it will provide such information to AOD in a timely manner in order to prevent delays in implementation or reconfiguration of the Services; (v) that Customer is solely responsible for backing up any data or information uploaded to or made available to Customer through the Services (including, without limitation, any information required for Customer to complete its payroll and other processes in the event the Services are unavailable) (“Data”) unless Customer procures and maintains a monthly records retention service under an applicable ordering document; (vi) that Customer is responsible for utilizing a properly complex password in accordance with best security practices, (vii) that anyone having access to Customer’s user identification and password can gain access to the Services and that Customer is solely responsible for protecting such access as well as for any activity undertaken through such access; (viii) that Customer is solely responsible for any loss of information, data, programs, breaches of security, viruses and disabling or harmful devices that Customer may download or otherwise experience as a result of Customer’s use of the Services and (ix) to return leased equipment in the same condition the equipment was in when it was leased, reasonable wear and tear excepted; Customer is responsible for replacement of leased equipment that is damaged, lost or stolen. To the extent AOD is implementing the Services for Customer, Customer agrees to follow any recommendations, or best practices suggested by AOD in connection with such implementation.   For clarification, AOD has no responsibility for Customer’s configuration or use of the Services, including, without limitation, failures to comply with applicable international, federal, state and/or local laws and regulations based on AOD’s implementation of the Services pursuant to Customer’s requests or requirements.

3.     DATA. If the Services provided to Customer utilize any third-party payroll or other service providers with which AOD has established a data sharing tool or relationship (each, a “Service Provider”), Customer acknowledges and agrees that AOD may obtain and use Customer’s information and data from such Service Providers for purposes of the Services. Customer further agrees that AOD may disclose Customer’s information and data with such Service Providers for purposes of payroll or other services. Customer remains responsible for the accuracy and completeness of all of Customer’s information and data provided to or obtained by AOD. Customer acknowledges and agrees to AOD’s Privacy Policy http://attendanceondemand.com/privacy-policy.html which is incorporated by this reference.  Except to the extent required for Customer to comply with applicable laws (e.g. to file required reports using the VisualACA module), AOD strongly discourages Customer from inputting any Social Security Numbers, government identification numbers, consumer financial information, health information, or other information that may be considered “sensitive” under applicable laws (“Sensitive Data”) into the Services.  To the maximum extent permitted by law, if Customer elects to input Sensitive Data into the Services or otherwise provide Sensitive Data to AOD, Customer shall be fully responsible for such Sensitive Data, and shall indemnify, defend, and hold AOD and its affiliates harmless from any claims related to AOD’s access or use of the Sensitive Data, including any unauthorized access or disclosure of the Sensitive Data while in AOD’s possession or control. See Section 16 for additional information relating to AOD compliance with applicable privacy laws.

4.     TERM & TERMINATION. This Agreement is effective on the date that AOD accepts an order from Customer and shall remain in effect for a period of thirty (30) days or a different term (up to two years) set forth in the order form. Thereafter, this Agreement will automatically renew each calendar month unless one party gives the other party thirty (30) days written notice of its intent to terminate this Agreement. 

     At any time, a party may terminate for cause upon written notice in the event of: (a) the other party’s material breach of this Agreement or (b) the bankruptcy or insolvency of the other party.

     Upon termination of this Agreement, AOD, in its sole discretion, may destroy or anonymize the Data, and Customer shall no longer be able to access the Data.

5.     OWNERSHIP. Customer agrees that technology underlying the Services is the exclusive property of AOD or its licensor and there is no intention to convey any rights or licenses to Customer. All rights, title and interest in and to any copyright, trademark, service mark, trade secret, and any other proprietary right relating to the Services and the related logos, product names, etc. are reserved by AOD. Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for the authorized uses described above. Customer shall do nothing to infringe, impeach or lessen the validity of the Services. 

6.     LIMITED WARRANTIES. Each party represents and warrants that it is duly authorized to enter into this Agreement. AOD warrants that it will use reasonable care and skill to perform the Services. AOD, ITS LICENSOR AND ANY OTHER PARTY PROVIDING THE SERVICES MAKE NO OTHER WARRANTY TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT AND SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES SERVE TO ENSURE CUSTOMER’S COMPLIANCE WITH THE AFFORDABLE CARE ACT OR ANY OTHER LEGAL OBLIGATION OR STATE OR FEDERAL LAW OR REGULATION OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CUSTOMER UNDERSTANDS AND AGREES THAT ALL FUNCTIONS PERFORMED AT OR GENERATED THROUGH THE SERVICES ARE ENTIRELY AT CUSTOMER’S OWN RISK AND THAT AOD DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OR THE INFORMATION TRANSMITTED THROUGH ITS SYSTEM. THE SERVICES SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR EMPLOYMENT-RELATED DECISIONS.  

7.     INDEMNIFICATION. If a third party claims or threatens a claim that the material AOD uses in connection with providing Services to Customer infringe on that party’s patent, trademark, copyright or trade secret, then AOD will indemnify, defend and hold harmless the Customer and its respective employees, officers, agents and directors against such claim or threatened claim at AOD’s expense and will pay all costs, damages and reasonable attorney’s fees that a court of competent jurisdiction awards in connection with that claim (or which AOD agrees is a final settlement).

     If a third party claims or threatens a claim that: (a) the Services and/or Customer’s use thereof violated any international, federal, state or local regulation or law (including, without limitation, any laws regarding employee consents for biometric information or other requirements regarding the processing of personal information), (b) Customer or its personnel or others acting under Customer’s control have acted with gross negligence or willful misconduct, (c) Customer or its personnel or others acting under Customer’s control has infringed on third party’s patent or copyright, or (d) arises out of any violation of Customer’s obligations under this Agreement or other agreements between Customer and AOD and/or any third party related to the Services, then Customer will indemnify, defend and hold harmless AOD, AOD’s licensor and any other party providing the Services and their respective employees, officers, agents and directors against such claim or threatened claim at Customer’s expense and will pay all costs, damages and reasonable attorney’s fees that a court of competent jurisdiction awards in connection with that claim (or which Customer agrees is a final settlement). The indemnification obligations above are subject to the indemnified parties: (1) promptly notifying the indemnifying party of the claim or threatened claim; (2) permitting the indemnifying party to control and cooperates with the indemnifying party in the defense of any claim and related settlement negotiations; and (3) obtaining the consent of the indemnifying party prior to incurring any cost, damage or attorney fee for which it will seek reimbursement from the indemnifying party.

8.     LIMITATIONS OF LIABILITY. AOD, AOD’s LICENSOR AND ANY OTHER PARTY INVOLVED IN PROVIDING THE SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM CUSTOMER’S ACCESSING OR USE OF THE SERVICES OR ARISING FROM OR RELATING TO ANY TERM OF THIS AGREEMENT REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, FAULT, NEGLIGENT ACTS, OR OTHERWISE. IN NO EVENT SHALL AOD, AOD’s LICENSOR OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SERVICES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS, DAMAGE, OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER AOD, AOD’s LICENSOR OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BECAUSE SOME STATES MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IN THE EVENT CUSTOMER IS ENTITLED TO RECOVER DAMAGES FROM AOD FOR ANY REASON, WHETHER UNDER CONTRACT LAW, TORT LAW OR EQUITY, THE MAXIMUM AMOUNT FOR WHICH AOD SHALL BE LIABLE WILL BE THE LESSER OF (A) THE AMOUNT OF ANY ACTUAL DIRECT DAMAGE; OR (B) $10,000.

9.     GOVERNING LAW AND JURISDICTION. Any dispute which may arise between Customer and AOD concerning this Agreement shall be governed by the laws of the state of Michigan (without reference to its conflict of law provisions) and determined by the U.S. District Court for the Eastern District of Michigan or the state courts of Wayne County, Michigan and the parties hereby submit to the exclusive jurisdiction of such courts. Any cause of action Customer may have with respect to Customer’s use of the Services must be commenced within one (1) year after the claim or cause of action arises. The prevailing party (whether at trial or on appeal) shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to all reasonable attorney fees and costs actually incurred by the prevailing party.

10. MISCELLANEOUS. This Agreement may be modified by AOD from time to time and Company’s continued use of the Services constitutes its acceptance of the updated terms. Customer is encouraged to periodically review our posted terms. No third parties other than AOD (including, without limitation, AOD’s channel partners or other agents) have the authority to modify this Agreement in any manner.  Except as otherwise provided in this Agreement, Customer may not transfer or assign this Agreement or any rights under it without the prior written consent of AOD. If any provision of this Agreement or its application is held to be invalid, void, or illegal, that provision shall be severed and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and permitted assigns. The rights, remedies and limitations applicable to AOD under this Agreement also extend to AOD’s agents and representatives, who are intended beneficiaries of this Agreement; there are no other intended third party beneficiaries of this Agreement. The waiver by either party of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach. This Agreement contains the entire understanding between the parties pertaining to the Services and supersedes and replaces all prior and contemporaneous agreements between the parties and/or their representatives pertaining to the Services. The terms of this Agreement shall prevail over any other conflicting terms applicable to the Services.  This Agreement and/or the Services may include links to third party websites, products, or services, and AOD is not responsible for, and does not necessarily endorse, such websites, products, or services.  AOD shall not be in default or otherwise liable for any delay in or the failure of its performance under this Agreement if such delay or failure arises from causes or events beyond its reasonable control and without its fault or negligence, and which could not have been prevented by reasonable diligence by AOD.  Any notice required by the Agreement must be made in writing and will be effectively given if addressed to the other party as provided herein and sent by certified or registered mail, postage prepaid with return receipt requested, or shipped prepaid by a recognized overnight courier service, or delivered in person to such party.  Notices will be effective upon the earlier of (a) 3 business days of the date such notices are sent, or (b) the date actual receipt of the notices can be demonstrated.  Notices to Customer shall be addressed to the contact information for Customer on file with AOD.  Notices to AOD shall be addressed to Attendance on Demand, 22300 Haggerty Rd., Northville, MI 48167, Attn: Risk Manager.  Either party may change its address for notices by giving written notice as required by this section.  Whenever signatures are required, the parties consent to the use of electronic signatures.

11. The following additional terms apply to Customer’s use of Text and Voice Notification functionality (“Text Service”): Customer is solely responsible for: (a) the accuracy of information, including without limitation, phone numbers used for messaging through the Text Service, (b) obtaining appropriate consents in order to send messages, including text messages, through the Text Service and (c) otherwise complying with applicable federal state and local laws when using the Text Service. Customer further acknowledges and agrees that its use of the Text Service includes services from a third party service provider, Twilio, Inc., and Customer agrees that its use of the Text Service is subject to Twilio Terms of Services located at https://www.twilio.com/legal/tos and further agrees that AOD is not in any way responsible for services provided by such third party or any liabilities resulting from such services.

12. The following additional terms apply to Customer’s use of the VisualACA functionality (“VACA”): AOD grants Customer non-exclusive, non-transferable, limited, personal access to use VACA during the Term. AOD represents and warrants the accuracy of VACA’s formula that populates files and generates forms, specifically excluding any inaccuracies or errors based on Customer inputting incorrect or incomplete information or data. Customer understands that AOD will not audit or otherwise verify any information or data provided by Customer. Customer is solely responsible for all information and data inputted and for all decisions by Customer not to input information or data into VACA. Notwithstanding anything to the contrary in the Customer Agreement, AOD acknowledges that data provided by Customer in connection with the use of VACA may include Personal Data that AOD shall treat as Customer’s Confidential Information. 

     AOD AND ANY OTHER PARTY PROVIDING SERVICES MAKE NO OTHER WARRANTY TO CUSTOMER IN CONNECTION WITH VACA AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT VACA WILL BE UNINTERRUPTED OR ERROR-FREE. AOD DISCLAIMS ANY AND ALL REPRESENTATIONS, IMPLIED OR EXPRESSED, THAT VACA SERVES TO ENSURE CUSTOMER’S COMPLIANCE WITH THE AFFORDABLE CARE ACT OR ANY OTHER LEGAL OBLIGATION OR STATE OR FEDERAL LAW OR REGULATION.

     NEITHER AOD NOR ANY OTHER PARTY PROVIDING SERVICES HAVE ANY RESPONSIBILITY FOR CUSTOMER’S FAILURE TO ENTER ALL REQUIRED INFORMATION ACCURATELY, THE OMISSION OR INCORRECT INCLUSION OF INFORMATION OR DATA OR TIMELY SUBMISSION OF FORMS. NO PART OF VACA SHOULD BE RELIED UPON AS LEGAL ADVICE OR OTHER PROFESSIONAL ASSISTANCE RELATED TO ANY PARTICULAR SITUATION, ISSUE OR CIRCUMSTANCE INVOLVING THE AFFORDABLE CARE ACT. CUSTOMER EXPRESSLY ASSUMES RESPONSIBILITY FOR SELECTING VACA AND FOR THE RESULTS OBTAINED FROM CUSTOMER’S USE OF VACA. 

     Customer acknowledges and agrees to the Business Associate Agreement located at http://www.attendanceondemand.com/terms/BAA-online-version.html that is incorporated by this reference. Customer further acknowledges that Nelco Solutions or another filing service, as applicable (“Filing Service”), may have additional terms that will apply between Customer and Filing Service.

13. The following terms apply to Customers who connect with PointClickCare through the established integration with AOD (“Active Facilities”):

a.     This Agreement is between AOD and Customer, and not PointClickCare and Customer;

b.     PointClickCare is not responsible for providing the Services, content contained within the Services, any related support or maintenance to Customer, or any changes that AOD makes to the Customer’s database; and

c.     AOD, not PointClickCare, is solely responsible for complying with any of Active Facility’s reasonable and required audit requests, including with respect to logging, reporting of statistics, and third-party security assessments.

14. The following terms apply to Customers who utilize GT clocks and the associated software and software as a service functionality (“GT Services”) made available through AOD’s licensor, Grosvenor Technology, LLC and/or its affiliate(s) (“Grosvenor”):

a.     Customer and its employees, personnel, and other persons that Customer permits to utilize the GT Services (collectively, “Users”) may not use the GT Services for any reason except as part of their permitted use of AOD’s Services, and all usage limitations regarding AOD’s Services in the Agreement shall also apply to the GT Services.  Without limiting the foregoing, Customer and its Users shall not:

                                                   i.     modify, translate, reverse engineer, decompile, disassemble, translate, create derivative works based on the GT Services, or otherwise attempt to derive or obtain the source code, the underlying ideas, algorithms, structure or organization of the GT Services except to the extent that enforcement of the foregoing restriction is prohibited by applicable law;

                                                 ii.     circumvent any user limits or other timing, use or functionality restrictions built into the GT Services;

                                               iii.     remove any proprietary notices, labels, or marks from the GT Services;

                                                iv.     frame or mirror any content forming part of the GT Services or any related software;

                                                  v.     access the GT Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the GT Services;

                                                vi.     assign, sublicense, transfer, lease, rent or distribute any of its   rights in the GT Services or related software or documentation; or

                                              vii.     otherwise copy or duplicate the GT Services or any related software or documentation.

b.     NEITHER AOD NOR GROSVENOR SHALL BE LIABLE TO CUSTOMER FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS, DAMAGE OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, INABILITY TO USE THE GT SERVICES, REGARDLESS OF WHETHER AOD, GROSVENOR, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE GT SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; or (2) DIRECT DAMAGES IN EXCESS OF THE LICENSE FEES PAID BY CUSTOMER FOR THE USE OF THE GT SERVICES DURING THE PRIOR 12 MONTHS.

c.     Customer shall ensure its Users agree to any consent forms required or recommended by AOD regarding the collection, storage, and use of biometric information, provided that Customer shall remain solely responsible for any violations of applicable laws in connection with its use of the GT Services, including laws regarding the collection, storage, and use of biometric information, in connection with Customer’s use of the GT Services.

d.     Grosvenor is an intended third party beneficiary of the provisions of this Section 14, and may enforce such provisions against Customer directly, in its discretion.

15. The following terms apply to Customers who access the Services through the ADP Marketplace:

a.     This Agreement is between AOD and Customer.

b.     AOD, and not ADP or its vendors, is solely responsible for providing, maintaining, supporting and updating the Services and any associated services. AOD shall provide product support for the Services. Customer may access support via the following means: The AOD Product Support team can be reached by email or phone from the business hours of 8:30am to 7pm, Monday through Friday, Eastern daylight time. Email: support@attendanceondemand.com Phone: 855.755.4263 (Option #1) If applicable, tickets will be logged through Jira Service Desk. Case status and activity can be viewed for each case logged and will be visible from the email address provided at the time of case submission.

c.     AOD HEREBY DISCLAIMS ON BEHALF OF ADP AND APPDIRECT ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES, AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

d.     Customer’s and its end users’ sole and exclusive remedies shall be against AOD. ADP and AppDirect shall have no liability or obligation to Customers or its end users.

e.     Customers and its end users will not (i) decompile or reverse engineer the ADP Marketplace or take any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copy the ADP Marketplace, (iii) post, publish or create derivative works based on the ADP Marketplace, or (iv) remove any copyright notice, trade or service marks, brand names and the like rom the ADP Marketplace or related documentation.

f.      ADP and AppDirect are third party beneficiaries of the above described terms and each are entitled to enforce such terms as if they each were a party to this agreement.

g.     Subject to the remainder of this subsection g, AOD shall indemnify, defend and hold harmless Customer and its employees from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable outside attorneys' fees) and other liabilities (each, a "Claim") arising from or in connection with allegations that the Services violate or infringe any intellectual property right of a third party, invades or infringes any right of privacy, or right of publicity, of any person or entity. AOD shall, at its sole expense, conduct the defense of any such Claim and all negotiations for its settlement or compromise; provided, however, that: (a) no settlement or compromise of such a Claim shall be entered into or agreed to without Customer's prior approval (not to be unreasonably withheld or delayed): and (b) Customer shall have the right to participate, at its own expense, in the defense and/or settlement of any such Claim to the extent necessary to protect its own interests.

16. The following terms apply to information subject to privacy laws.

a.     The following definitions shall apply to this Section 16.

                                                   i.     “Contracted Business Purposes” means workforce management services as described on our website (https://www.attendanceondemand.com/).

                                                 ii.     “Personal Information” means any data from which an individual can be or is reasonable expected to be identifiable.

                                               iii.     “Privacy Laws” means any law, regulation, rule or other binding authority promulgated by a governmental entity designed or actually applicable to Personal Information. Privacy Laws include, without limitation, the California Consumer Privacy Act of 2018 (“CCPA”), as amended and any regulations, guidance or authority promulgated thereunder.

b.     AOD Obligations

                                                   i.     AOD will only collect, use, retain, or disclose Personal Information for the Contracted Business Purposes for which Customer provides or permits Personal Information access as described in the Agreement.

                                                 ii.     AOD will not collect, use, retain, disclose, or otherwise make Personal Information available for AOD’s own commercial purposes or in a way that does not comply with Privacy Laws. If applicable law requires AOD to disclose Personal Information for a purpose other than the Contracted Business Purpose, AOD must first inform the Customer of the legal requirement and give the Customer an opportunity to object or challenge the requirement, unless the law prohibits such notice.

                                               iii.     AOD does not require and will limit Personal Information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes.

                                                iv.     AOD must promptly comply with any Customer request or instruction requiring AOD to provide, amend, transfer, or delete the Personal Information, or to stop, mitigate, or remedy any unauthorized processing.

                                                  v.     AOD will maintain a public-facing and readily accessible privacy policy that provides the information and notice required by Privacy Laws. If the Contracted Business Purposes require additional notification because of the collection of certain types of Personal Information, AOD will provide such notice at or before collection of Personal Information.

                                                vi.     AOD shall not attempt to or actually re-identify any Personal Information that has been aggregated, deidentified, or anonymized.

                                              vii.     For additional information regarding the types of Personal Information collected by AOD and how Personal Information is use, stored, and transferred, see our Privacy Policy.

c.     Assistance with AOD Customer’s Privacy Laws Obligations. AOD shall reasonably cooperate and assist Customer with meeting Customer’s Privacy Laws compliance obligations, including providing Customer notice of any requests by an individual to exercise rights available under Privacy Laws. AOD may use subcontractors to provide the Contracted Business Services as permitted under Privacy Laws.

Last Updated: July 17, 2024