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.
Oregon
Pursuant to the 2026 Automated License Plate Recognition System Act, the following terms are applicable to law enforcement customers located in Oregon:
- Definitions.
- “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.
- “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.
- 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.
- 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.
- Captured License Plate Data will be encrypted using, at a minimum, end-to-end encryption.
- 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.
- 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:
- Definitions. The following terms have the meanings set forth in Va. Code § 2.2-5517(A):
- Audit Trail
- Audit Trail Data
- System
- System Data
- The Parties agree as follows in order to comply with Va. Code § 2.2-5517:
- System data and Audit Trail Data are the property of Customer;
- The Flock System meets the following requirements set forth in Va. Code § 2.2-5517(B):
- 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;
- 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;
- 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;
- 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
- The Flock System meets information security standards as established by the Virginia Information Technologies Agency.
- 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 no more than 21 days.
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