DATA COLLECTION AND USAGE POLICY

FOR MITEK® STRUCTURE

1.SOFTWARE PERFORMANCE DATA:  As a software provider, MiTek collects data about Customer’s operating system and environment so that MiTek can provide proper system support as third-party providers deliver updates and new platforms, and data about Customer’s software launch time and performance along with specific feature usage to enable MiTek to focus improvements in the appropriate areas.  

2.MATERIALS USAGE DATA:  With Customer’s consent below, MiTek will collect Customer’s information about use of hangers, connector plates, engineered wood products (EWP), and other materials in Customer’s models.  

3.DATA USAGE:  The following provisions apply to MiTek’s usage of any software performance data and materials usage data, if applicable, that it collects from Customer:

(A)MiTek will only use the data it collects for internal business purposes, such as to develop, improve and test current and new applications and services, and to determine fees, and to provide analysis of the materials usage data back to Customer.

(B)MiTek may also use data it collects in form that does not reveal the Customer’s identity to develop and commercialize benchmarks, measures, and other information for promotion, statistical analysis, market analysis, financial analysis and other similar purposes.  Collected data will not be distributed except in a form that does not reveal the Customer’s identity or pursuant to legal process or court order.  As used herein, data “in form that does not reveal the Customer’s identity” means software performance data and/or materials usage data, together with similar data of other customers, that is:  (i) not identifiable to any person or entity; (ii) combined with the data of other customers or additional data sources; and (iii) presented in a manner from which Customer’s identity may not be derived.

(C)The foregoing shall not limit, in any way, MiTek confidentiality obligations set forth herein.  As between MiTek and Customer, Customer exclusively owns all rights, title and interest in and to its materials usage data.  Customer grants to MiTek an irrevocable, non-exclusive, fully-paid, worldwide license to access, use, copy, mine, and distribute data it collects for the purposes and in the manner described above.  

From time-to-time, MiTek may separately seek Customer’s consent to collect additional data for other specific purposes.

Form Last Revised:  October 2019