User's Instructions

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9.1. User acknowledges, agrees and understands that, in connection with 3M providing User with access to
and use of the Software, information resulting from User’s use of the Software may be transmitted to 3M. User
further acknowledges, agrees, and understands that such information will relate to User, Authorized Users and the
devices utilized by User and Authorized Users, and that such information will be stored and maintained by 3M, its
Affiliates, subcontractors and/or its agents (such information is collectively “User Data”). User is solely
responsible for the timeliness and accuracy of all User Data submitted by the Software and represents that it has all
necessary authority for the disclosure of User Data to 3M. 3M will undertake commercially reasonable measures to
maintain the security and confidentiality of User Data.
9.2. 3M and its Affiliates, subcontractors and agents may monitor, access, collect, and use, but only as
permitted by law, User Data in order to (a) operate, support, and enhance the Software for the User, (b) monitor
compliance with this Agreement, (c) inform the User of products and services and (d) as required by applicable
laws.
9.3. 3M may de-identify User Data using standard industry practices. Information that has been de-identified
such that it does not identify User or Authorized Users shall not be User Data, and 3M may use or disclose it for any
purpose, including to improve the Software, create new features, to conduct research, sell personal
protective equipment or services, and develop new products or services, including reports based on analytics
associated with the Software. 3M may also aggregate User Data with other data and may use that aggregated User
Data to perform services for or provide products to third parties, provided that no such data would enable
those third parties to identify Authorized Users or User, absent the consent of User. 3M’s use and retention of de-
identified User Data for uses and purposes set forth herein may extend beyond the term of this Agreement.
9.4. User acknowledges, agrees and understands that 3M may store User Data on servers provided by
third parties in the US and countries other than the US. User is responsible for complying with all applicable laws,
including local and other regulations, pertaining to personal information, such as data from or relating to its
workers. User is responsible for providing individuals with any privacy notices and obtaining any consents required
by applicable laws for the collection, use, disclosure, and processing of personal information in connection
with User’s use of the Software.
9.5. Upon 3M’s confirmation of an incident in which there is unauthorized access to User Data (“Security
Incident”), 3M will (i) notify User promptly after 3M becomes aware of the confirmed Security Incident and (ii) take
reasonable steps to mitigate the effects and minimize any damage resulting from the Security Incident.
9.6. User Data may be stored in personal protective equipment and/or mobile applications installed on mobile
devices authorized for accessing the Software. User is solely responsible for safeguarding the personal protective
equipment, the mobile device, and their appropriate use. User is solely responsible to notify 3M in case of lost
or missing mobile device authorized for use with the Software.
9.7 3M’s use of reputable cloud service provider means that customer data may be stored on cloud service
provider servers in the European Union. User is – as far as permitted by law - solely responsible for complying with
all local and other regulations pertaining to personal data and information, such as data from or relating to its
Authorized Users, employees, subcontractors, affiliates and/or agents. Without limiting the generality of
the foregoing or any part of this Agreement, User, not 3M, is solely responsible for: (a) ensuring it has obtained
necessary consent from its Authorized Users, employees, subcontractors, affiliates and/or its agents prior to the
disclosure and/or transmission of their personal data and information; (b) implementing and maintaining
data privacy protections and security measures for components that User provides or controls; (c)
determining whether the Software and services are appropriate for storage and processing of information
subject to any specific law or regulation; (d) responding to any request from an Authorized User or third party
regarding data processed by, and User’s use of the Software, equipment and services; and (e) providing individuals
with any privacy notices required by applicable law. User shall indemnify, defend (with counsel approved in writing
in advance by 3M) and hold 3M harmless against any claims for cost, damage, expense or liability arising out of or
in connection with any violation of the User obligations in this clause.
9.8 3M is legally required to ensure that all personal information disclosed to or received from third parties is
9. User Data and 3M’s Use of User Data