User's Instructions

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 appropriately used, disclosed and protected according to the 3M Connected Safety System
Data Processing Agreement, which can be requested from 3M or accessed at:
https://login.connectedsafety.3m.com/TermsAndConditions/DataProcessingAgreement.
9.9 User shall – as far as permitted by law - indemnify 3M and its directors, officers, agents and
employees from and against any direct damages which may incur in connection with a breach for which
User is responsible or a breach of other related legislation concerning the protection of personal
information by User, its officers, employees, agents and subcontractors.
10. Feedback Automatically Becomes 3M’s Property
Any feedback or suggestions provided by User to 3M regarding the products or services including
Software, herein, (“Suggestions”), shall be the property of 3M and User hereby assigns to 3M all right,
title and interest worldwide in and to such Suggestions and the related intellectual property rights. User
acknowledges and understands that, in connection with certain products and services, certain
information regarding User’s use of the Software is transmitted to 3M. Such information may be
collected and used by 3M to provide support services to User, and for research and marketing
purposes. For the avoidance of doubt, 3M may use any feedback, suggestions, product experiences,
and product outcomes provided or realized by User to improve or market the product or service, create
new features, to conduct research, and develop new products or services, including reports based on
analytics associated with the Software usage.
11. General
11.1. Governing Law, Limitation on Action and Attorneys’ Fees. Unless otherwise mandated by law,
this Agreement is governed by the laws of the State of Minnesota, USA, excluding its conflict of laws
rules, and specifically excluding the United Nations Convention on Contracts for the International Sale
of Goods. The parties consent to personal jurisdiction and venue in the state and federal courts sitting in
Ramsey County in the State of Minnesota, USA, and agree that all disputes arising from this Agreement
shall be venued in such courts. The parties also agree that, regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to this Agreement must be brought within
one (1) year after such claim or cause of action arose or be forever barred.