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Docusign Envelope ID: 43201 COA-A739-4610-8444-5EA845CA01 11 and proceedings ("Transaction Data"). Transaction Data may include vehicle license plate, parking session date, time, duration, zone number and amount paid, details of parking fines/violation notices, and parking session details obtained through customer service centre, and does not include User Profile Data (defined below). 5.3.2 In using, sharing, or otherwise processing Transaction Data, PayByPhone and Client must comply with applicable data protection laws, contractual obligations and any other applicable requirements. Each party is responsible to the PayByPhone service users and other third parties for its respective use, sharing and processing of Transaction Data, whether it performs such use, sharing and processing directly or through third parties. Each party acts as a "data controller" with respect to Transaction Data for the purposes any privacy legislation that uses that concept and is applicable to the party's activities. Each party agrees to provide such assistance as is reasonably required to enable the other party to comply with the applicable data protection laws. 5.3.3 Any information about or with respect to PayByPhone service users that is not related to parking sessions at the Parking Locations, including without limitation, information provided by users upon registration for a PayByPhone account and data about the user's activity in the PayByPhone account or the PayByPhone applications ("User Profile Data") shall be exclusively owned by PayByPhone. PayByPhone shall retain exclusive ownership of all rights in any derivative data it develops based on Transaction Data and User Profile Data. 5.4 PAYBYPHONE'S SERVICES TO CUSTOMERS 5.4.1 The parties acknowledge that PayByPhone service users hold the PayByPhone account and/or use PayByPhone services under terms of service established by PayByPhone. Under these PayByPhone terms of service and any additional terms of use, PayByPhone, its affiliates, or its partners may offer users various services and products, including, but not limited to, insurance products, services related to electric vehicle charging, and any other product or service that may be developed in the future. Client acknowledges and agrees that nothing in this Agreement shall limit or restrict PayByPhone's ability to offer users any add-on services and products at PayByPhone's sole discretion. Except as otherwise expressly set forth in this Agreement, Client shall not receive any fees in relation to PayByPhone's provision of any add-on services and products to the PayByPhone users. 5.4.2 PayByPhone may offer users an option to receive service communications by SMS text ("SMS Communications"), including reminders to extend a parking session and confirmations of successful registration for a parking session. Client agrees that, at any time during the Term, PayByPhone may charge any users who opt into these services a fee ("PBP SMS Fee") for each SMS Communication sent by PayByPhone with respect to an initial parking session or extension of a parking session and may set the amount of the PBP SMS Fee with reference to the cost PayByPhone incurs in delivering this optional service. At the time of entering into this Agreement, the PBP SMS Fee is equal to $0.15, inclusive of taxes payable by the user. PayByPhone will provide Client with 30 day written notice of an increase in the amount of the PBP SMS Fee at any time during the Term. PayByPhone shall be responsible for any taxes applicable to the PBP SMS Fees. 5.4.3 PayByPhone records will be conclusive evidence with respect to the amount of PBP SMS Fees collected during a billing period. The PBP SMS Fees will be added to the total charged to the user in respect of a parking session or extension of a parking session. Unless under the terms of the Agreement PayByPhone is designated as the merchant of record for parking fees paid using PayByPhone mobile payment service, PayByPhone and Client agree to designate Client as the merchant of record for any PBP SMS Fees only. In that case, Client will collect PayByPhone's PBP SMS Fees and remit to PayByPhone. Remittance will be made via electronic payment or cheque and may be included in the amount that also includes fees payable by Client to PayByPhone under this Agreement. PBP—Service Agreement—Template—NA—V9.9_ 202.50116 P a g e 16