Customer Data Agreement

This Customer Data Agreement (“Agreement”) is entered into as of 11-21-2024, by and between NATIONAL INDEMNITY COMPANY, including but not limited, to any affiliates, and ________________________ (“Customer”).

BACKGROUND

A. NATIONAL INDEMNITY COMPANY, as insurer, is providing a commercial auto policy or policies for Customer (“Policy”); B. NATIONAL INDEMNITY COMPANY has entered into an agreement with Samsara Networks Inc. (“Samsara”) for Samsara to provide certain NATIONAL INDEMNITY COMPANY insureds the use of certain Samsara hardware, software, and services (“Samsara Products”) at a discount; C. In return for the use of Samsara Products and compliance with this Agreement, NATIONAL INDEMNITY COMPANY may offer Customer a premium credit on the Policy; and D. In connection with Customer’s use of Samsara Products, Customer will consent to sharing Samsara driving and other data of Customer (“Customer Data”) with NATIONAL INDEMNITY COMPANY. NOW, THEREFORE, NATIONAL INDEMNITY COMPANY and Customer agree as follows. 1. Customer agrees to: a. Enter into a separate agreement with Samsara; b. Share information about its fleet driving habits with NATIONAL INDEMNITY COMPANY including, but not limited to, information related to speed, mobile phone use while driving, cornering, GPS position, trip distance and time, time idling, braking patterns, acceleration patterns, seat belt use, fuel consumption, vehicle faults, battery voltage, engine data or any other information collected by Samsara hardware, software and services; c. Install all Samsara camera and hardware devices within 30 days of receipt; d. Enroll all fleet drivers and, to the extent required by applicable law, obtain the proper consents to allow collection of driving data and other data from all fleet drivers; e. Provide Samsara with the necessary authorization to transmit Customer data to NATIONAL INDEMNITY COMPANY; f. Add NATIONAL INDEMNITY COMPANY as a “Read Only Administrator” to the Customer’s Samsara account. g. Not cover, unpower, or otherwise obstruct equipment; h. Enable ADAS functionality (distracted driving, forward collision warning, tailgating warning, driver violations); i. Not to turn down or off harsh event sensitivity; k. Install equipment in 100% of the fleet; l. Notify NATIONAL INDEMNITY COMPANY of any changes that may affect your Policy; m. Meet all other terms and conditions of your Policy; and n. Adhere to the terms of use of the Samsara Products. 2. NATIONAL INDEMNITY COMPANY assumes no responsibility or legal liability for Samsara products or services or for the completeness or accuracy of the data submitted by Customer to Samsara or the data submitted by Samsara to NATIONAL INDEMNITY COMPANY. Ownership of all Samsara hardware or software shall be governed by the terms and conditions of Customer’s agreement with Samsara. 3. The agreement between Samsara and Customer is separate and independent from this Agreement. Customer acknowledges and agrees that Customer’s agreement with Samsara is subject to its own terms, conditions and limitations and Customer is solely responsible for any obligations, fees or costs associated with Customer’s agreement with Samsara. NATIONAL INDEMNITY COMPANY will not be liable in any manner for any obligations or for any payments due and owing to Samsara under Customer’s agreement with Samsara. 4. Customer acknowledges that the Customer Data is logged and stored as each vehicle in the fleet is driven and will include data that may be deemed personal data or personal information under applicable laws, such as video footage, unique identifiers, and precise geo-location data. Customer understands and agrees that NATIONAL INDEMNITY COMPANY will archive and maintain data received during the course of this Agreement beyond the termination of this Agreement, any active Policy or consent given to Samsara to share Customer Data. Customer agrees that NATIONAL INDEMNITY COMPANY (a) reserves the right to amend, waive, modify, or supplement the terms of this Agreement at any time for any reason; (b) may terminate this Agreement at any time for any reason; and (c) may take adverse action under the Policy for fraudulent use or other misuse of the Samsara hardware, software or services. 5. NATIONAL INDEMNITY COMPANY acknowledges that Customer owns Customer Data. NATIONAL INDEMNITY COMPANY may collect, analyze, aggregate and use Customer Data on an individual or anonymized basis for its business purposes and such use shall survive termination of this Agreement or any Policy, unless legally prohibited or Customer requests in writing upon termination that such use be limited to non-personally identifying data. NATIONAL INDEMNITY COMPANY will maintain reasonable administrative, physical and technical safeguards for the protection of Customer Data consistent with NATIONAL INDEMNITY COMPANY’s data security policies, as may be updated from time to time, applicable to similar information used in NATIONAL INDEMNITY COMPANY’s business. NATIONAL INDEMNITY COMPANY will not share Customer Data without Customer consent except when the release of data is compelled by law or permitted herein. 6. Customer agrees to NATIONAL INDEMNITY COMPANY’s use of Customer Data, for NATIONAL INDEMNITY COMPANY’s business purposes only, including but not limited to, actuarial, underwriting, pricing, rating, claims handling, and loss control purposes. NATIONAL INDEMNITY COMPANY may use Customer Data to calculate driver performance scores and to evaluate Customer’s driving habits, risk profile and in determining policy rates or pricing. Also, from time to time, information gathered from Customer’s Data may be provided to state insurance departments, on an aggregate and anonymized basis, to support NATIONAL INDEMNITY COMPANY’s rates and filed underwriting guidelines. 7. Customer acknowledges NATIONAL INDEMNITY COMPANY has undertaken no duties or obligations to warn, advise, or counsel you regarding the hiring, training, supervision, or retention of Customer’s drivers or the operation of its vehicles for any reason, including but not limited to NATIONAL INDEMNITY COMPANY’s receipt of vehicle data. Further, Customer will not rely on any communication from NATIONAL INDEMNITY COMPANY regarding the hiring, training, supervision, or retention of your drivers or the operation of your vehicles. 8. NATIONAL INDEMNITY COMPANY may also use Customer Data as part of its claims investigation of a motor vehicle accident or loss. Additionally, Customer Data may be sought by third parties, such as opposing parties in a civil lawsuit or by police when investigating the cause of an accident and NATIONAL INDEMNITY COMPANY may be required to provide such information in response to a subpoena or as otherwise required by law. 9. Customer represents and warrants that it has, and will continue to have, all rights necessary, and will comply will all applicable law, to perform its obligations under this Agreement. Customer will provide any required notices and obtain any required consents from all end-users or other persons operating vehicles insured under the Policy to allow for the sharing of CUSTOMER DATA with NATIONAL INDEMNITY COMPANY pursuant to this Agreement. CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS NATIONAL INDEMNITY COMPANY AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD PARTY LEGAL OR REGULATORY PROCEEDING ARISING FROM ANY ACT OR OMISSION OF THE CUSTOMER OR FROM THE CUSTOMER’S BREACH OF THIS SECTION 8. 10. This Agreement becomes effective upon its execution by the parties and will remain in effect until the earlier of (a) termination of the Policy or any renewals thereof with NATIONAL INDEMNITY COMPANY, or (b) termination of Customer’s agreement with Samsara. 11. Customer will provide NATIONAL INDEMNITY COMPANY with 30 days’ prior written notice if Customer terminates its agreement with Samsara or if Customer stops sharing Customer Data with NATIONAL INDEMNITY COMPANY via written request to Samsara or the API. Upon termination of Customer’s agreement with Samsara or if Customer stops sharing Customer Data with NATIONAL INDEMNITY COMPANY, any pricing or rate modification made based on participation in this Agreement will discontinue. 12. Customer understands and agrees that any breach of this Agreement will be considered a failure by Customer to comply with loss control and a failure to cooperate with NATIONAL INDEMNITY COMPANY under the Policy, which may be cause for cancellation, rescission or amendment of the Policy with NATIONAL INDEMNITY COMPANY. 13. This Agreement will be governed by the law of the state or Commonwealth in which your insurance policy with NATIONAL INDEMNITY COMPANY is issued.