Common use of Access To, Return, and Disposition of Data Clause in Contracts

Access To, Return, and Disposition of Data. Upon written request of LEA, Operator shall dispose of or delete all Data obtained under the Service Agreement when it is no longer needed for the purpose for which it was obtained, and transfer said data to LEA or LEA’s designee within sixty (60) days of the date of termination and according to a schedule and procedure as the Parties may reasonably agree. Operator acknowledges LEA’s obligations regarding retention of governmental data, and shall not destroy Data except as permitted by LEA. Nothing in the Service Agreement shall authorize Operator to maintain Data obtained under the Service Agreement beyond the time period reasonably needed to complete the disposition. Disposition shall include (1) the shredding of any hard copies of any Data; (2) Data Destruction; or (3) Otherwise modifying the personal information in those records to make it unreadable or indecipherable. Operator shall provide written notification to LEA when the Data has been disposed of. The duty to dispose of Data shall not extend to data that has been de-identified or placed in a separate Student account, pursuant to the other terms of the DPA. The LEA may employ a “Request for Return or Deletion of Data” FORM, a sample of this form is attached on Exhibit “D”). Upon receipt of a request from the LEA, the Operator will immediately provide the LEA with any specified portion of the Data within fifteen (15) business days of receipt of said request. Notwithstanding anything to the contrary in this Agreement or otherwise, this requirement does not apply to any backups that Operator may create in the usual course of business (i.e. Business Continuity Plans) pursuant to Section V(1)(h) unless that backup is used to restore Operator’s systems, at which point, the data belonging to LEA will be deleted.

Access To, Return, and Disposition of Data. Upon expiration of XXX’s elected retention period or written request of LEA, Operator shall dispose of or delete all Data obtained under the Service Agreement when it is no longer needed for the purpose for which it was obtained, and transfer said data to LEA or LEA’s designee within sixty (60) days of the date of termination and according to a schedule and procedure as the Parties may reasonably agree. Operator acknowledges LEAXXX’s obligations regarding retention of governmental data, and shall not destroy Data except as permitted by LEAXXX. Nothing in the Service Agreement shall authorize Operator to maintain Data obtained under the Service Agreement beyond the time period reasonably needed to complete the disposition. Disposition shall include (1) the shredding of any hard copies of any Data; (2) Data Destruction; or (3) Otherwise modifying the personal information in those records to make it unreadable or indecipherable. Operator shall provide written notification OCpoenrcaotrodr- sDhoaclulmpernotvIDid: eM2wUrxiNtt2eIn0YnzokttNifDication to LEA when the Data has h6a-s22 been disposed ofof in response to a written request. The duty to dispose of Data shall not extend to data that has been de-identified or placed in a separate Student account, pursuant to the other terms of the DPA. The LEA may employ a “Request for Return or Deletion of Data” FORM, a sample of this form is attached on Exhibit “D”). Upon receipt of a request from the LEA, the Operator will immediately promptly provide the LEA with any specified portion of the Data within fifteen five (155) business days of receipt of said request. Notwithstanding anything to the contrary foregoing, XXX acknowledges that such data communicated and/or stored in this Agreement electronic form may be routinely backed up such that return or otherwisedestruction is not practical and/or feasible, this requirement does not apply to any backups that in which case Operator may create in (or its Subprocessors) will keep such back-up copies secure until the usual course of business (i.e. Business Continuity Plans) pursuant to Section V(1)(h) unless that backup back-up media is used to restore Operator’s systems, at which point, the data belonging to LEA will be deletedrecycled or destroyed.

Access To, Return, and Disposition of Data. Upon written request of LEAXXX, Operator shall dispose of or delete all Data obtained under the Service Agreement when it is no longer needed for the purpose for which it was obtained, and transfer said data to LEA or LEAXXX’s designee within sixty (60) days of the date of termination and according to a schedule and procedure as the Parties may reasonably agree. Operator acknowledges LEAXXX’s obligations regarding retention of governmental data, and shall not destroy Data except as permitted by XXX. Upon written request from the LEA, Operator shall dispose of or provide a mechanism for the LEA to transfer student data obtained under the Service Agreement, in accordance with the applicable terms herein. Upon expiration or termination of the Service Agreement or this DPA, Operator shall dispose of all student data within 30 days of such expiration or termination. Additionally, Operator will return such student data to LEA, provided that, XXX has made such a written request within 15 days of expiration or termination of the Service Agreement. The duty to dispose of student data shall not extend to student data that had been De-Identified or placed in a separate student account pursuant to the other terms of the DPA. The LEA may employ a "Directive for Disposition of Data" form, a copy of which is attached hereto as Exhibit "D". If the LEA and Operator employ Exhibit "D," no further written request or notice is required on the part of either party prior to the disposition of student data described in Exhibit "D. Nothing in the Service Agreement shall authorize Operator to maintain Data obtained under the Service Agreement beyond the time period reasonably needed to complete the disposition. Disposition shall include include (1) the shredding of any hard copies of any Data; (2) Data Destruction; or Destruction;or (3) Otherwise modifying the personal information in those records to make it unreadable or indecipherable. Operator shall provide written notification to LEA when the Data has been disposed of. The duty to dispose of Data shall not extend to data that has been de-identified or placed in a separate Student account, pursuant to the other terms of the DPA. The LEA may employ a “Request for Return or Deletion of Data” FORM, a sample of this form is attached on Exhibit “D”). Upon receipt of a request from the LEA, the Operator will immediately provide the LEA with any specified portion of the Data within fifteen withinfive (155) business days of receipt of said request. Notwithstanding anything to the contrary in this Agreement or otherwise, this requirement does not apply to any backups that Operator may create in the usual course of business (i.e. Business Continuity Plans) pursuant to Section V(1)(h) unless that backup is used to restore Operator’s systems, at which point, the data belonging to LEA will be deleted.

Access To, Return, and Disposition of Data. Upon written request of LEA, Operator shall dispose of or delete all Data obtained under the Service Agreement when it is no longer needed for the purpose for which it was obtained, and transfer said data to LEA or LEA’s designee within sixty (60) days of the date of written request after termination or and according to a schedule and procedure as the Parties may reasonably agree. Operator acknowledges LEA’s obligations regarding retention of governmental data, and shall not destroy Data except as permitted by LEA. Nothing in the Service Agreement shall authorize Operator to maintain Data obtained under the Service Agreement beyond the time period reasonably needed to complete the disposition. Disposition shall include (1) the shredding of any hard copies of any Data; (2) Data Destruction; or (3) Otherwise modifying the personal information in those records to make it unreadable or indecipherable. Upon LEA's written request form, Operator shall provide written notification to LEA when the Data has been disposed of. The duty to dispose of Data shall not extend to data that has been de-identified or placed in a separate Student account, pursuant to the other terms of the DPA. The LEA may employ a “Request for Return or Deletion of Data” FORM, a sample of this form is attached on Exhibit “D”)” or may use Operator’s data destruction form located at xxxxx://xxx.xxxxxxxxxxx.xxx/ privacy/privacy-request-form. Upon receipt of a request from the LEA, the Operator will immediately provide the LEA with any specified portion of the Data within fifteen five (155) twenty-eight business days of receipt of said request. Notwithstanding anything to the contrary in this Agreement or otherwise, this requirement does not apply to any backups that Operator may create in the usual course of business (i.e. Business Continuity Plans) pursuant to Section V(1)(h) unless that backup is used to restore Operator’s systems, at which point, the data belonging to LEA will be deleted.