User's Instructions

HEALTH, SAFETY, ENVIRONMENTAL AND OTHER APPLICABLE LAWS AND REGULATIONS. USER
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND 3M, ITS OFFICERS, DIRECTORS,
AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, PENALTIES,
FINES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE OR
RESULT FROM USER’S USE OF THE SOFTWARE OR USER’S FAILURE TO COMPLY WITH SUCH
LAWS AND REGULATIONS.
9. User Data and 3M’s Use of User Data
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.