Common use of Data Collection/Sharing Clause in Contracts

Data Collection/Sharing. a. The City and Licensee each understand and agree that the City is not requesting or requiring the collection or creation of any new data with this license, unless expressly provided and stated herein. Any new data collected, created or stored by Licensee shall be considered Licensee’s private data, and not government data, unless a provision of this license agreement expressly requires its collection or creation, and/or the City requests and receives such data from Licensee. b. The City and Licensee each understand and agree that the City is not requesting or requiring sharing of user data deemed to be Personally Identifiable Information as defined by the US Department of Commerce, with the exception of data as specified herein. c. Licensee agrees to disseminate two customer surveys and two lower income program participant surveys annually on behalf of the City. The surveys will be used to aid the City in evaluating whether and how Licensee’s Operation supports City goals for transportation. The surveys shall not include, and Licensee shall not collect, any personally identifiable data related to or in furtherance this provision. d. Licensee shall provide an API that meets the requirements of the Mobility Data Specification (“MDS”) as published online at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/openmobilityfoundation/mobility-data-specification. Licensee must notify the City at least 90 days in advance when updating to newer MDS versions or deprecating past versions. Licensee may not change anything related to the API without notifying at least 30 days in advance of change. The City shall only require compliance with the “Provider” component of MDS and shall not require compliance with the other components of MDS without explicit agreement from Licensee. Licensee will maintain operability with the City’s version of MDS. e. Licensee shall provide an API that meets the requirements of the General Bikeshare Feed Specification (▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/NABSA/gbfs). Licensee may not change the API URL without notifying at least 30 days in advance of change. Licensee is required to make the API endpoint available for public consumption. f. The Licensee must provide an API to any third party who jointly requests it with the City, within 30 days (unless an extension is granted by the City), and who operates or serves users within the region, which allows for fleet vehicle location, as well as user access and payment, to facilitate the City’s Mobility as a Service program. g. Licensee shall keep a record of maintenance activities, including but not limited to Fleet Vehicle identification number and maintenance performed. Licensee will provide a complete copy of the same to the City upon request. h. Licensee shall deliver to the City, upon request, all specified real-time and archival information for each vehicle in its Fleet.5 Information covered by this provision includes real-time location, event, and status information gathered by on-board GPS tools, data for each trip record, historic/archival data, and key system information. All requested data will be shared via the documented MDS and GBFS APIs. Except as otherwise provided in this license, Licensee will not be asked to share any new data sharing specifications, nor personally identifiable information with the City. At a minimum, Licensee will supply the City with the following upon request: i. Daily drop-off locations or aggregation sites/zones ii. Real-time location, event, and status information iii. Trip-level details including start/end location/time, duration, and distance traveled iv. Trip-level breadcrumb trails listing all GPS readings for each vehicle v. Trip duration and trip-level breadcrumb trails are not required to be reported for non-electric assisted bicycles This provision applies to only such data collected by Licensee pursuant to Licensee’s own initiative. The City is not requiring Licensee to generate or collect any of the above-described data as a condition of this license. To the extent that Licensee does generate and/or collect such data, the Parties each understand and agree that the City may seek, and Licensee must then provide, a copy of any such City-requested data. i. Licensee shall create a dashboard and/or reports illustrating the following: number of Fleet Vehicles distributed; total number of trips; trips per Fleet Vehicle per day; number of new customers; total number of customers; total number of low-income program customers; average miles per trip; and average minutes per trip. The foregoing summaries shall be delivered to City at compliance meetings. j. Licensee shall deliver to the City, upon request, a reporting of total vehicle miles traveled resulting from all of Licensee’s employee or contractor operations in support of participation in the Program. k. Licensee is directly responsible for providing API authentication mechanisms and documentation, and all other required information and data covered by this license to the City. The City will be permitted to publicly utilize Licensee’s API and display real- time MDS or GBFS data. l. If any data requested by City and covered by this license is falsified, or the City suspects dishonest reporting, the City reserves the right to either sanction or perform an audit of vehicle availability and/or trip data at any time during the Program term. If a third-party audit finds that falsified or dishonest reporting exists, the City reserves the right to revoke the license and debar Licensee from future agreements with the City.

Data Collection/Sharing. a. The City and Licensee each understand and agree that the City is not requesting or requiring the collection or creation of any new data with this license, unless expressly provided and stated herein. Any new data collected, created or stored by Licensee shall be considered Licensee’s private data, and not government data, unless a provision of this license agreement expressly requires its collection or creation, and/or the City requests and receives such data from Licensee. b. The City and Licensee each understand and agree that the City is not requesting or requiring sharing of user data deemed to be Personally Identifiable Information as defined by the US Department of Commerce, with the exception of data as specified herein. c. Licensee agrees to disseminate two customer surveys and two lower income program participant surveys annually on behalf of the City. The surveys will be used to aid the City in evaluating whether and how Licensee’s Operation supports City goals for transportation. The surveys shall not include, and Licensee shall not collect, any personally identifiable data related to or in furtherance this provision. d. Licensee shall provide an API that meets the requirements of the Mobility Data Specification (“MDS”) as published online at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/openmobilityfoundation/mobility-data-specification. Licensee must notify the City at least 90 days in advance when updating to newer MDS versions or deprecating past versions. Licensee may not change anything related to the API without notifying at least 30 days in advance of change. The City shall only require compliance with the “Provider” component of MDS MDS, and shall not require compliance with the other components of MDS without explicit agreement from Licensee. Licensee will maintain operability with the City’s version of MDS. e. Licensee shall provide an API that meets the requirements of the General Bikeshare Feed Specification (▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/NABSA/gbfs). Licensee may not change the API URL without notifying at least 30 days in advance of change. Licensee is required to make the API endpoint available for public consumption. f. The Licensee must provide an API to any third party who jointly requests it with the City, within 30 days (unless an extension is granted by the City)days, and who operates or serves users within the region, which allows for fleet vehicle location, as well as user access and payment, to facilitate the City’s Mobility as a Service program. Licensee’s obligation to provide a third party with an API is subject to the third party agreeing to the Licensee’s data use agreement. g. f. Licensee shall keep a record of maintenance activities, including but not limited to Fleet Vehicle identification number and maintenance performed. Licensee will provide a complete copy of the same for any specific vehicle to the City upon request. h. g. Licensee shall deliver to the City, upon request, all specified real-time and archival information for each vehicle in its Fleet.5 Information covered by this provision includes real-time location, event, and status information gathered by on-on- board GPS tools, data for each trip record, historic/archival data, and key system information. All requested data will be shared via the documented MDS and GBFS APIsAPI. Except as otherwise provided in this license, Licensee will not be asked to share any new data sharing specifications, nor personally identifiable information with the City. At a minimum, Licensee will supply the City with the following upon request: i. Daily drop-off locations or aggregation sites/zones zones ii. .Real-time location, event, and status information iii. Trip-level details including start/end location/time, duration, and distance traveled iv. Trip-level breadcrumb trails listing all GPS readings for each vehicle v. Trip duration and trip-level breadcrumb trails are not required to be reported for non-electric assisted bicycles This provision applies to only such data collected by Licensee pursuant to Licensee’s own initiative. The City is not requiring Licensee to generate or collect any of the above-described data as a condition of this license. To the extent that Licensee does generate and/or collect such data, the Parties each understand and agree that the City may seek, and Licensee must then provide, a copy of any such City-requested data. i. Licensee shall create a dashboard and/or reports illustrating the following: number of Fleet Vehicles distributed; total number of trips; trips per Fleet Vehicle per day; number of new customers; total number of customers; total number of low-income program customers; average miles per trip; and average minutes per trip. The foregoing summaries shall be delivered to City at compliance meetings. j. Licensee shall deliver to the City, upon request, a reporting of total vehicle miles traveled resulting from all of Licensee’s employee or contractor operations in support of participation in the Program. k. Licensee is directly responsible for providing API authentication mechanisms and documentation, and all other required information and data covered by this license to the City. The City will be permitted to publicly utilize Licensee’s API and display real- time MDS or GBFS data. l. If any data requested by City and covered by this license is falsified, or the City suspects dishonest reporting, the City reserves the right to either sanction or perform an audit of vehicle availability and/or trip data at any time during the Program term. If a third-party audit finds that falsified or dishonest reporting exists, the City reserves the right to revoke the license and debar Licensee from future agreements with the City.

Data Collection/Sharing. a. The City and Licensee each understand and agree that the City is not requesting or requiring the collection or creation of any new data with this license, unless expressly provided and stated herein. Any new data collected, created or stored by Licensee shall be considered Licensee’s private data, and not government data, unless a provision of this license agreement expressly requires its collection or creation, and/or the City requests and receives such data from Licensee. b. The City and Licensee each understand and agree that the City is not requesting or requiring sharing of user data deemed to be Personally Identifiable Information as defined by the US Department of Commerce, with the exception of data as specified herein. c. Licensee agrees to disseminate two customer surveys and two lower income program participant surveys annually on behalf of the City. The surveys will be used to aid the City in evaluating whether and how Licensee’s Operation supports City goals for transportation. The surveys shall not include, and Licensee shall not collect, any personally identifiable data related to or in furtherance this provision. d. Licensee shall provide an API that meets the requirements of the Mobility Data Specification (“MDS”) as published online at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/openmobilityfoundation/mobility-data-specification. Licensee must notify the City at least 90 days in advance when updating to newer MDS versions or deprecating past versions. Licensee may not change anything related to the API without notifying at least 30 days in advance of change. The City shall only require compliance with the “Provider” component of MDS MDS, and shall not require compliance with the other components of MDS without explicit agreement from Licensee. Licensee will maintain operability with the City’s version of MDS. e. Licensee shall provide an API that meets the requirements of the General Bikeshare Feed Specification (▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/NABSA/gbfs). Licensee may not change the API URL without notifying at least 30 days in advance of change. Licensee is required to make the API endpoint available for public consumption. f. The Licensee must provide an API to any third party who jointly requests it with the City, within 30 days (unless an extension is granted by the City), and who operates or serves users within the region, which allows for fleet vehicle location, as well as user access and payment, to facilitate the City’s Mobility as a Service program. g. Licensee shall keep a record of maintenance activities, including but not limited to Fleet Vehicle identification number and maintenance performed. Licensee will provide a complete copy of the same to the City upon request. h. Licensee shall deliver to the City, upon request, all specified real-time and archival information for each vehicle in its Fleet.5 Information covered by this provision includes real-time location, event, and status information gathered by on-board GPS tools, data for each trip record, historic/archival data, and key system information. All requested data will be shared via the documented MDS and GBFS APIs. Except as otherwise provided in this license, Licensee will not be asked to share any new data sharing specifications, nor personally identifiable information with the City. At a minimum, Licensee will supply the City with the following upon request: i. Daily drop-off locations or aggregation sites/zones ii. Real-time location, event, and status information iii. Trip-level details including start/end location/time, duration, and distance traveled iv. Trip-level breadcrumb trails listing all GPS readings for each vehicle v. Trip duration and trip-level breadcrumb trails are not required to be reported for non-electric assisted bicycles This provision applies to only such data collected by Licensee pursuant to Licensee’s own initiative. The City is not requiring Licensee to generate or collect any of the above-described data as a condition of this license. To the extent that Licensee does generate and/or collect such data, the Parties each understand and agree that the City may seek, and Licensee must then provide, a copy of any such City-requested data. i. Licensee shall create a dashboard and/or reports illustrating the following: number of Fleet Vehicles distributed; total number of trips; trips per Fleet Vehicle per day; number of new customers; total number of customers; total number of low-income program customers; average miles per trip; and average minutes per trip. The foregoing summaries shall be delivered to City at compliance meetings. j. Licensee shall deliver to the City, upon request, a reporting of total vehicle miles traveled resulting from all of Licensee’s employee or contractor operations in support of participation in the Program. k. Licensee is directly responsible for providing API authentication mechanisms and documentation, and all other required information and data covered by this license to the City. The City will be permitted to publicly utilize Licensee’s API and display real- time MDS or GBFS data. l. If any data requested by City and covered by this license is falsified, or the City suspects dishonest reporting, the City reserves the right to either sanction or perform an audit of vehicle availability and/or trip data at any time during the Program term. If a third-party audit finds that falsified or dishonest reporting exists, the City reserves the right to revoke the license and debar Licensee from future agreements with the City.