1 PLACER LABS, INC.
ORDER FORM
City of Camarillo (“Customer”) Placer Labs, Inc. (“Placer”) Address: 601 Carmen Drive
Camarillo, California 93010
Address: 440 N Barranca Ave #1277
Covina, CA 91723
Contact Person: Geor g Winkler Contact Person Ryan Dowd Email: [email protected] Billing Contact Person: Melissa Anderson Phone: 805-388-5369 Billing Email*: [email protected] Billing Contact Email: Billing Phone*: 415-228-2444
*Not for use for official notices.
1. Services.
The services provided under this Order Form (the “Services”) include:
Access, via Placer Venue Analytics Platform (“Placer’s Platform”), to all major venues within the following U.S. state(s): US-CA
Access, via Placer’s Platform, to reports, including Visits, Trade Areas, Customer Journey, Customer Insights, Dwell Times, and Visitation by Hour/Day
Actionable insights include:
o Accurate foot traffic counts and dwell time
o True Trade Areas displaying frequent-visitors-density by home and work locations o Customers’ demographics, interests, and time spent at relevant locations o Where customers are coming from and going to, and the routes they take o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics o Competitive insights
o Void Analysis Reports
Access to Xtra reports per ad hoc needs; in Excel, KML, Tableau, and other formats:
Quarterly Maximum of 26 credits; Annual Maximum of 104 credits Ad hoc property visitor time lapse video generation upon request Premier Customer Support
o Regular meetings with Placer's Customer Success Team
o Live, Virtual Training support as reasonably needed
Access to STI Demographics Bundle + Mosaic Data Set. The applicable Advanced Demographics and Psychographics are generated using the Input Datasets from the data vendors as set forth below:
Description Vendors Input Datasets Used
STI Demographics Bundle
Synergos Technologies (STI) PopStats
Synergos Technologies (STI) Spending Patterns
Synergos Technologies (STI) Work place
Synergos Technologies (STI) Market Outlook
Experian Mosaic Experian Mosaic Segmentation
2. Permitted Uses
The data, information and materials accessible via the Services are referred to as “Placer Data”. Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s Doc ID: efea8b1cc64640b581bf237b56cdcf01a3fcc9b1
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internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below.
“Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data. The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information. Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data.
3. Term and Termination.
Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will continue for 12 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as the “Term.”
Additional Term: Following expiration of the Initial Term, this Order Form shall be automatically renewed for additional periods of the same duration as the Initial Term, unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term.
Termination: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services.
4. Fees.
$22,000/year invoiced: in full upon signing this Order Form.
Invoice sent electronically to Customer’s billing contact email via NetSuite.
Customer shall pay the fees set forth above in this Order Form.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on Placer’s net income.
If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at [email protected].
In the event of any termination, Customer will pay in full for the Services up to and including the last day on which the Services are available to Customer.
All billing will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees within thirty (30) days of the invoice date.
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5. Support.
Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of federal holidays. For any such support, please contact us at [email protected].
6. Mutual NDA.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement.
7. Miscellaneous.
All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions.
Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional purposes.
This Order Form is entered into by and between Customer and Placer effective as of the date of the last signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement. “Customer” “Placer”
City of Camarillo Placer Labs, Inc.
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By: \signature1 {“size”: “small” ,"w":"200"}\ By: \signature2 {“size”: “small” ,"w":"200"}\ Name: \fullname1 {“size”: “small” ,"w":"220"}\ Name: Jacov Ben-Zvi Title: \title1 {“size”: “small” ,"w":"200"}\ Title: President Date: \date1\ Date: \date2\
10 / 05 / 2022
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Greg Ramirez
City Manager
10 / 17 / 2022
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Georg Winkler
Economic Development Manager
City of Camarillo
601 Carmen Dr #6034, Camarillo, CA 93010
September 27, 2022
Mr. Winkler,
This letter confirms that Placer.ai provides location data to develop statistically significant insights into any physical place. Our proprietary AI and machine learning are employed to account for panel biases and normalize data changes to technology and application sources. Placer’s data extends the entirety of the continental US, resulting in a large and representative panel of visitors to any location. Placer provides its services exclusively, and its services are not available through any distributors or resellers. Placer’s client base includes over 1,500 leading commercial real estate companies, brokerages, retailers, consumer packaged goods companies, and more than 240 civic organizations including local and state governments, economic development organizations, and destination marketing organizations.
Placer is a privacyfirst company. We don’t collect user identifiers, we have never sold userlevel data, and we intentionally built our business with underlying technology that doesn't rely on personally identifiable information. Further, we deliberately don’t participate in the ad tech industry, where most customers expect to be able to track individual behavior.
Thank you for your interest, and we look forward to working with you.
Sincerely,
Jacov BenZvi
President
Placer Labs, Inc.
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