Waiting for review · DRAFT — for attorney review, not legal advice. Waiting for review.
Terms version CC-2026-10-draft
This Consent and Participation Agreement (the "Agreement") sets out how a participating business shares selected exterior camera feeds with one municipality through the TRAK CIVIC platform. Bracketed items [like this] are placeholders to be completed or confirmed by counsel.
1. Parties
This Agreement is between: (a) the business named in the enrollment record (the "Business"); (b) Trak LLC, a Michigan limited liability company, operator of the TRAK CIVIC platform ("Trak"); and (c) the single municipality selected by the Business at enrollment (the "Municipality").
The Business confirms that the person signing is authorized to bind the Business and has authority over the cameras and premises described in the enrollment record.
[Placeholder: whether the Municipality signs this Agreement directly or a separate Trak–Municipality agreement incorporates it by reference.]
2. Purpose
The purpose of the program is to help the Municipality understand conditions in public spaces (for example traffic flow, road hazards, standing water and site health) by viewing selected exterior cameras alongside the Municipality's own towers and trailers. Participation is voluntary.
3. Exterior-only cameras
Only cameras mounted outside the premises and aimed at exterior areas (storefronts, parking lots, sidewalks or streets) may be shared. Cameras that view the interior of any building, restrooms, changing areas, residences or other areas where people have a reasonable expectation of privacy must never be enrolled.
The Business attests for each camera that it is exterior-only. Trak may require privacy masking of windows, doors or neighboring property before approval. Audio is never shared.
4. Scope and access levels
The Business chooses which enrolled cameras are shared and the access level for each consent: (a) Events only — the Municipality receives event notices without imagery; (b) Stills only — periodic still images; or (c) Live and stills — live view and still images, where the camera is compatible.
Access is limited to the single Municipality named in the consent. It is not shared with other municipalities, other businesses, the public, or any third party except as described in Section 11.
Businesses see only their own cameras and their own analytics. The Municipality sees the cameras covered by an active consent within its area.
5. Sharing hours
The Business may limit sharing to a daily window (for example 06:00–22:00 in the Municipality's local time) or choose all-day sharing. Outside the window, nothing is shown to the Municipality.
6. Retention
The Business selects a retention period at consent (default [7] days, maximum [30] days). Municipal view logs and any cached stills related to the Business are deleted automatically after that period. Trak does not create long-term archives of partner footage.
[Placeholder: whether any retention obligation applies under the Michigan Freedom of Information Act or records-retention schedules applicable to the Municipality.]
7. Prohibited uses
No party will use shared cameras or data for: facial recognition or face matching; biometric identification or analysis of any kind; license plate reading or vehicle owner identification; predictive policing or individual risk scoring; tracking identified individuals; inferring sensitive characteristics (such as race, religion, health or immigration status); or sale, rental or advertising use of the data.
The platform does not provide these capabilities for partner cameras, and the Municipality agrees not to attempt to add them.
8. Pause and withdrawal
The Business may pause sharing for a single camera or for the whole consent at any time from its portal. Paused cameras are hidden from the Municipality immediately.
The Business may withdraw from the program at any time. Withdrawal revokes all municipal access immediately, ends the consent, and deletes municipal view logs. Re-joining requires a new enrollment, review and consent.
9. Review and approval
Before any access is granted, Trak and the Municipality complete a compatibility and security review (exterior-only confirmation, privacy masking, no audio, no prohibited analytics, compatible source, current firmware, unique credentials, outbound-only connection, encrypted transport). TRAK CIVIC can be built out to be compatible with most camera systems; some integrations may take up to 3 months. A failed review revokes access until resolved.
10. Data ownership
The Business retains ownership of its cameras, recordings and footage. Nothing in this Agreement transfers ownership to Trak or the Municipality. The Business grants a limited, revocable, non-exclusive license for the Municipality to view the shared feeds within the scope above, and for Trak to transmit and process them solely to provide the service.
[Placeholder: ownership of derived, aggregated or anonymized analytics.]
11. Public-records and legal requests
[Placeholder — counsel to complete.] Proposed approach: if Trak receives a subpoena, court order or other legal request for Business footage, Trak will, where legally permitted, notify the Business promptly and give it an opportunity to respond before disclosure.
[Placeholder: how the Municipality handles public-records (FOIA) requests that reference partner imagery, and whether partner imagery is a public record in the Municipality's possession.]
Trak does not provide partner camera access to law-enforcement agencies through this program. [Placeholder: confirm with counsel.]
12. Security
Trak uses encrypted transport, role-based access, audit logging of every access change, and outbound-only connections from the Business site where possible. The Business keeps device firmware current and uses unique credentials. Each party notifies the others without undue delay of any suspected security incident involving shared cameras. [Placeholder: notice period and incident-response contacts.]
13. Business responsibilities
The Business is responsible for lawful operation of its cameras, including any signage required by law, and for ensuring that only exterior areas are captured.
14. Liability and indemnity
[Placeholder — counsel to complete: limitation of liability, disclaimer of warranties, mutual indemnities, insurance requirements, and any governmental immunity of the Municipality.]
The service is provided to support situational awareness. It is not an emergency or monitoring service, and no party guarantees that any event will be detected or acted on.
15. Term and termination
This Agreement begins when the Business signs consent in its portal and continues until withdrawn by the Business, suspended or ended by Trak or the Municipality, or the program ends. [Placeholder: notice period for termination by Trak or the Municipality.] Sections 6, 7, 10, 11 and 14 survive termination.
16. Changes to these terms
Material changes require new consent from the Business. Until the Business signs a new version, the previously signed version applies or sharing is paused.
17. Governing law
This Agreement is governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. [Placeholder: venue; whether the law of the Municipality's state applies when it is outside Michigan.]
18. Electronic signature
The parties agree that consent signed electronically in the TRAK CIVIC portal, together with the audit record of the signer's name, title, date and terms version, is a valid signature.
Signatures
Business: ______________________ Name/Title: ______________________ Date: ________
Trak LLC: ______________________ Name/Title: ______________________ Date: ________
Municipality: ______________________ Name/Title: ______________________ Date: ________