State-Specific Contractual Provisions
State-Specific Contractual Provisions
For Customers located in the state(s) set forth herein, the Agreement between Flock and Customer is subject to the applicable state-specific laws detailed below, which are hereby incorporated into the Agreement. To the extent of a conflict or inconsistency between the Agreement and these state-specific contractual provisions, these state-specific contractual provisions shall prevail.
Connecticut
Pursuant to Conn. Pub. Act No. 26-14, §§ 13–15, the following terms are applicable to public agency customers located in Connecticut:
1. Definition
a. "Automated license plate reader system" or “ALPRS” means a mobile or fixed electronic image recording device that is capable, in combination with computer programs or algorithms, of converting images of license plates or vehicle descriptors into computer-readable data. "Automated license plate reader system" does not include an image recording device that provides evidence used in enforcement of an offense specified in the general statutes or by municipal ordinance, including, but not limited to, such devices as an automated traffic enforcement safety device, as defined in section 14-307b of the general statutes, or those used as part of a work zone speed control system, as defined in section 13a-261 of the general statutes, or a municipal school bus violation enforcement system, as defined in section 14-279c of the general statutes;
b. "Automated license plate reader data" or “ALPR Data” includes any data captured, recorded, held or stored, processed or derived from an automated license plate reader system, including, but not limited to, license plate characters, vehicle still or video images, vehicle attributes, location data, time stamps and metadata.
2. With respect to Customer’s ALPR Data, Flock shall not:
a. Sell such ALPR Data;
b. Share or transfer such ALPR Data with or to any third party, without receiving the prior express written authorization of Customer for the sharing or transferring of such data for a specific purpose;
c. Allow any person other than Customer to access such ALPR Data, unless Flock is required to allow such person to access such ALPR Data pursuant to a warrant or court order issued by a judge or magistrate on behalf of the state or federal judicial branches. As used in this section, "warrant or court order" excludes any subpoena or demand of a grand jury investigation;
d. Share or transfer ALPR Data, or allow access to such ALPR Data, if Flock reasonably believes that such automated license plate reader data may be used for purposes of:
i. investigating any suspected immigration violation or otherwise assisting in any immigration enforcement activity;
ii. investigating any suspected, or prosecuting any alleged person or persons for, seeking, providing or receiving reproductive health care services or gender-affirming health care services that are permitted under the laws of Connecticut;
iii. assisting another individual who is seeking, providing or receiving reproductive health care services or gender-affirming health care services that are permitted under the laws of Connecticut, including, but not limited to, providing information, transportation, lodging or material support to such other individual; or
iv. any effort to identify, or impose any civil or criminal liability on, any person based solely on such person's participation in any activity that is protected by the United States Constitution or the Constitution of the state of Connecticut, including, but not limited to, any exercise of such person's right to freedom of speech, to peaceably assemble or to petition the government for a redress of grievances, except as otherwise provided by applicable state or federal law; or
e. Hold or store Customer’s ALPR Data in a manner that is not in accordance with industry-recognized data security practices, including, but not limited to, using encryption when transmitting or storing such data.
3. Flock consents to personal jurisdiction in Connecticut in the event of any legal proceeding.
4. Connecticut state law shall be the controlling law.
Notwithstanding the Retention Period specified in the Flock LPR Order Form between the Parties, the Retention Period for ALPR data is 21 days, or such shorter period as Customer has requested.
Oregon
Pursuant to the 2026 Automated License Plate Recognition System Act, the following terms are applicable to law enforcement customers located in Oregon:
1. Definitions.
a. “Automated License Plate Recognition System” or “ALPRS” means one or more high-speed cameras combined with computer algorithms used to convert images of license plates or other vehicle characteristics into computer-readable data. “Automated license plate recognition system” does not include a photo red light camera described in ORS 810.434 when used for enforcement of ORS 811.265 or a photo radar unit when used for enforcement of ORS 811.111.
b. Captured License Plate Data” means the global positioning system coordinates, date and time, video, photograph, license plate number, vehicle characteristics or any other related data or information collected by an ALPRS.
2. Captured License Plate Data collected by the ALPRS is the property of Customer, is not owned by Flock, and may not be used by or licensed to Flock for any purpose inconsistent with the policies and procedures of Customer or the provisions of sections 3 to 9 of the 2026 Automated License Plate Recognition System Act.
3. Any request received by Flock for access to Captured License Plate Data collected by the ALPRS, including through a judicial warrant, judicial subpoena or administrative subpoena, will be directed exclusively to Customer.
4. Captured License Plate Data will be encrypted using, at a minimum, end-to-end encryption.
5. Flock is compliant with the current version of the Federal Bureau of Investigation Criminal Justice Information Services Security Policy, including, as applicable, execution of the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum, audit rights; and prompt notification of security incidents.
6. Flock may be held liable for damages resulting from its misuse or improper release of Captured License Plate Data collected by the ALPRS.
Virginia
Pursuant to § 2.2-5517(C) of the Code of Virginia, the following terms are applicable to law enforcement customers located in Virginia:
1. Definitions. The following terms have the meanings set forth in Va. Code § 2.2-5517(A):
a. Audit Trail
b. Audit Trail Data
c. System
d. System Data
2. The Parties agree as follows in order to comply with Va. Code § 2.2-5517:
a. System data and Audit Trail Data are the property of Customer;
b. The Flock System meets the following requirements set forth in Va. Code § 2.2-5517(B):
i. Flock certifies that it will not sell or share any System Data or Audit Trail Data gathered in Virginia, except upon Customer’s request for a purpose set forth in Va. Code § 2.2-5517(F), and will only access System Data or Audit Trail Data upon Customer’s request for maintenance and quality assurance purposes;
ii. Flock certifies that its System is capable of purging system data collected or generated in Virginia after twenty-one (21) days of the date of its capture, or earlier if requested by Customer, in such a manner that the System Data is destroyed and not recoverable by either Flock or Customer;
iii. Flock certifies that its System is capable of producing an Audit Trail and purging Audit Trail Data collected or generated in Virginia after two (2) years of the date of its capture in such a manner that the Audit Trail Data is destroyed and not recoverable by either Flock or Customer;
iv. The databases used by the Flock System to provide notifications as set forth in Va. Code § 2.2-5517(D) are updated at least every twenty-four (24) hours, or as soon as practicable after such updates become available; and
v. The Flock System meets information security standards as established by the Virginia Information Technologies Agency.
c. Flock will immediately notify Customer upon receipt of any subpoena duces tecum, execution of any search warrant, or any other request from a third party for such System Data or Audit Trail Data, unless disclosure of such subpoena duces tecum, search warrant, or request is otherwise prohibited by law.
Washington
If Customer is located in Washington, notwithstanding the Retention Period specified in the Flock LPR Order Form between the Parties, the Retention Period for Automated License Plate Reader Data is 21 days, or such shorter period as Customer has requested.
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