Policies & Agreements

1. Additional Definitions

The following additional definitions apply to this Addendum:

1.1. “ALPR Laws” means all applicable federal, state, and local laws and regulations that govern, restrict, and/or prohibit the collection, capture, purchase, receipt, possession, disclosure, dissemination, use, storage, sale, lease, trade, transmission, retention, protection, and processing of License Plate Data, including without limitation, Title 1.81.23. Collection of License Plate Information, Cal. Civ. Code § 1798.90.5 et seq. 

1.2. “License Plate Data” means a license plate number (including state).

1.3. “License Plate Data Services” means Motive’s provision of the Services using technology that implicates, involves, or uses License Plate Data.

1.4. “License Plate Data System” means the combination of hardware and software that collects, captures, receives, possesses, uses, stores, transmits, retains, protects, and processes License Plate Data.

2. Additional Terms Governing License Plate Data

Because the ALPR Laws may apply to License Plate Data Services, to the extent that Customer elects to use License Plate Data Services as part of the Services, Customer agrees to comply with any and all applicable ALPR Laws and with the terms applicable to the License Plate Data Services provided that, to the extent there is a conflict between the applicable terms and the ALPR Laws, Customer will comply with ALPR Laws.  In the event Customer is unwilling to comply with the ALPR Laws and the terms relating to License Plate Data Services, Customer must cease all use of the License Plate Data Services, although Customer will be able to continue to use the Services that do not involve License Plate Data Services. The following terms and conditions apply to all License Plate Data Services:

2.1. Notice to Motive

Customer shall use and access the License Plate Data Services in compliance with all applicable laws and will alert Motive if its vehicles are operating in jurisdictions with ALPR Laws.  The License Plate Data Services are not available in Arkansas, Maine, or New Hampshire.

2.2. Customer’s Policy

Customer will implement, distribute, make available to the public, and adhere to (to the extent required by law, including but not limited to Cal. Civ. Code § 1798.90.53, which imposes duties on end-users) a written document establishing Customer’s policy with regard to collection, capture, purchase, receipt, possession, disclosure, dissemination, use, storage, sale, lease, trade, transmission, retention, protection, and processing of License Plate Data. 

3. License Plate Data Services Policy

3.1. Purposes For Use

In the event the AI Dashcam Plus detects a potential collision (such as may occur in conjunction with hit-and-runs, road rage, and theft incidents), a video clip of such safety incident is pulled to the cloud.  If the safety incident captured in the video constitutes a collision or near collision, the video clip will be annotated.  Upon such annotation, Motive’s License Plate Data System will initiate a process for attempting to recognize the license plate number and state of such license plate of the vehicle or vehicles involved in such collision or near collision.  Motive will make available to Customer such license plate number and state of the vehicle or vehicles involved in the collision or near collision to assist Customer in investigating, addressing, and/or resolving the incident.  Use of the License Plate Data Services for other purposes is not authorized, except that License Plate Data may be accessed by Motive in conformance with its Terms of Service.

3.2. Authorized Access and Use

Consistent with ISO 27001 and ISO 27701, Motive employs role-based restrictions on access to the License Plate Data System, meaning that access is restricted by Motive to Motive personnel who have a need to access the License Plate Data System and are approved for such access.  For example, quality control personnel and members of the engineering team are authorized to use, access, and initiate the collection of data via the License Plate Data System, as well as individuals authorized by Customer.  All Motive workers are required to take privacy and security training.

For all individuals who access License Plate Data via the License Plate Data System, Motive will maintain a record of (i) the date and time the License Plate Data is accessed; (ii) the license plate number or other data elements used to query the License Plate Data System; (iii) the username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated; and (iv) the purpose for accessing the information.

3.3. Data Security and Compliance 

The License Plate Data System is a component of Motive’s suite of SOC2/ISO27001 compliant services.  For more information on Motive’s data privacy and security practices, visit Motive’s Trust Center.  Motive’s Associate General Counsel of Privacy is responsible for implementing and overseeing Motive’s compliance with this Policy and with applicable privacy laws.

3.4. Retention, Sharing, and Purging of License Plate Data

License Plate Data is shared by Motive with third party service providers for purposes of verification of the License Plate Data.  License Plate Data is also shared with Customers who use License Plate Data Services.  Except as set forth herein and as may be needed for purposes of servicing the License Plate Data System, Motive does not share or transfer License Plate Data to other persons. Motive does not “sell” or “share” License Plate Data with any person as those terms are defined in Cal. Civ. Code § 1798.140, or similar general state data privacy laws.

License Plate Data is maintained by Motive in its role as a data processor.  License Plate Data is therefore retained at the direction and discretion of Customer, and Customer is required to comply with all applicable laws.    

3.5. Accuracy

The License Plate Data System generates License Plate Data solely in conjunction with a collision or near collision and is associated with the video clip of such incident.  When possible, the License Plate Data is verified via a third-party service provider.  It is the responsibility of the Customer to compare the License Plate Data to the vehicle or vehicles identified in the video clip of the incident.

4. Third-Party Beneficiaries

Notwithstanding anything to the contrary in the Agreement, Customer agrees that Motive and its affiliates and their respective officers, directors, shareholders, employees and agents and their respective successors and assigns are third-party beneficiaries of this Addendum and will be entitled to enforce the same against Customer and are entitled to indemnification under Additional Indemnification (Section 6) for any breach of this Addendum.

5. Additional Termination Provisions for License Plate Data Services

If Motive determines that Customer has failed to comply with any potentially applicable laws and regulations applicable to the License Plate Data Services, including without limitation the ALPR Laws, Motive may, in its sole discretion, immediately suspend or terminate Customer’s use of the License Plate Data Services.

6. Additional Indemnification

Customer shall indemnify, defend, and hold harmless Motive and its affiliates and their respective officers, directors, shareholders, employees and agents from and against any and all third-party claims, causes of action, liability, damage or loss (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or related to Customer’s failure to comply with its obligations under this Addendum.