Confidential Student Information. “Confidential Student Information” is defined as information that is personally identifiable to a student who is or was enrolled at University by any of the following means: the student’s name, the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as a identification number, or biometric record; other indirect identifiers, including but not limited to the student’s date of birth, place of birth, and mother’s maiden name; or any other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community to identify the student with reasonable certainty and includes information supplied to Contractor by University as well as any information provided by University’s students and third parties to the Contractor. Contractor acknowledges that this Agreement may allow the Contractor access to Confidential Student Information, and that access to and disclosure of Confidential Student Information is restricted by University policy and FERPA. In the event that Contractor receives Confidential Student Information in the performance of this Agreement, Contractor agrees to hold Confidential Student Information in strict confidence. Contractor will not use or disclose Confidential Student Information received from or on behalf of University (or its students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by University. Contractor agrees not to use Confidential Student Information for any purpose other than the purpose for which the disclosure was made. Contractor agrees that only Contractor’s employees who have a legitimate business need in performing this Agreement will have access to the Confidential Student Information. Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor will follow the provisions of the Return of University Records section above with regard to University Records protected by FERPA. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Student Information received from, or on behalf of University or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor agrees that Contractor is under the direct control of University with respect to the use and maintenance of Confidential Student Information. If University reasonably determines in good faith that Contractor has materially breached any of its confidentiality obligations under this Agreement or has violated FERPA, University, in its sole discretion, will have the right to require Contractor to submit to a plan of monitoring and reporting; provide Contractor with a fifteen (15) day period to cure the breach; or terminate the Agreement immediately. Before exercising any of these options, University will provide written notice to Contractor describing the violation and the action it intends to take. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Contractor improperly disclosed personally identifiable information obtained from University’s education records, University may not allow the Contractor access to education records for at least five years. Contractor will, within one day of discovery, report to University any use or disclosure of Confidential Student Information not authorized by this Agreement or in writing by University. Contractor’s report will identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Student Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or will take to prevent future similar unauthorized use or disclosure. Contractor will provide such other information, including a written report, as reasonably requested by University. Contractor will indemnify, defend and hold University harmless from all claims, liabilities, damages, or judgments involving a third party, including University’s costs and attorney fees, which arise as a result of Contractor’s failure to meet or breach any of its obligations under this Agreement. The restrictions and obligations under this Section will survive expiration or termination of this Agreement for any reason.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Confidential Student Information. “Confidential Student Information” is defined as information that is personally identifiable to a student who is or was enrolled at University College by any of the following means: the student’s name, the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as a identification number, or biometric record; other indirect identifiers, including but not limited to the student’s date of birth, place of birth, and mother’s maiden name; or any other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community to identify the student with reasonable certainty and includes information supplied to Contractor by University College as well as any information provided by UniversityCollege’s students and third parties to the Contractor. Contractor acknowledges that this Agreement may allow allows the Contractor access to Confidential Student Information, and that access to and disclosure of Confidential Student Information is restricted by University College policy and federal law, namely the Family Educational Rights and Privacy Act (“FERPA”). In the event that Contractor receives Confidential Student Information in the performance of this Agreement, Contractor agrees to hold Confidential Student Information in strict confidence. Contractor will not use or disclose Confidential Student Information received from or on behalf of University College (or its students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by UniversityCollege. Contractor agrees not to use Confidential Student Information for any purpose other than the purpose for which the disclosure was made. Contractor agrees that only Contractor’s employees who have a legitimate business need in performing this Agreement will have access to the Confidential Student Information. Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor will follow the provisions of the Return of University Records section above with regard to University Records protected by FERPA. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of return all electronically maintained or transmitted Confidential Student Information received fromto College within thirty (30) days or, or on behalf if return is not feasible, destroy any and all Confidential Student Information. Twenty (20) days before destruction of University or its studentsany Confidential Student Information, Contractor will provide College with written notice of Contractor’s intent to destroy Confidential Student Information. These measures Within seven (7) days after destruction, Contractor will be extended by contract confirm to all subcontractors used by ContractorCollege in writing the destruction of Confidential Student Information. Contractor agrees that Contractor is under the direct control of University College with respect to the use and maintenance of Confidential Student Information. If University College reasonably determines in good faith that Contractor has materially breached any of its confidentiality obligations under this Agreement or has violated FERPA, UniversityCollege, in its sole discretion, will have the right to require Contractor to submit to a plan of monitoring and reporting; provide Contractor with a fifteen (15) day period to cure the breach; or terminate the Agreement immediately. Before exercising any of these options, University College will provide written notice to Contractor describing the violation and the action it intends to take. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Contractor improperly disclosed personally identifiable information obtained from UniversityCollege’s education records, University College may not allow the Contractor access to education records for at least five years. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Student Information received from, or on behalf of College or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor will, within one day of discovery, report to University College any use or disclosure of Confidential Student Information not authorized by this Agreement or in writing by UniversityCollege. Contractor’s report will identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Student Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or will take to prevent future similar unauthorized use or disclosure. Contractor will provide such other information, including a written report, as reasonably requested by UniversityCollege. Contractor will indemnify, defend and hold University College harmless from all claims, liabilities, damages, or judgments involving a third party, including UniversityCollege’s costs and attorney fees, which arise as a result of Contractor’s failure to meet or breach any of its obligations under this Agreement. The restrictions and obligations under this Section will survive expiration or termination of this Agreement for any reason.
Appears in 3 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Confidential Student Information. “Confidential Student Information” is defined as information that is personally identifiable to a student who is or was enrolled at University College by any of the following means: the student’s name, the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as a identification number, or biometric record; other indirect identifiers, including but not limited to the student’s date of birth, place of birth, and mother’s maiden name; or any other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community to identify the student with reasonable certainty and includes information supplied to Contractor by University College as well as any information provided by UniversityCollege’s students and third parties to the Contractor. Contractor acknowledges that this Agreement may allow allows the Contractor access to Confidential Student Information, and that access to and disclosure of Confidential Student Information is restricted by University College policy and federal law, namely the Family Educational Rights and Privacy Act (“FERPA”). In the event that Contractor receives Confidential Student Information in the performance of this Agreement, Contractor agrees to hold Confidential Student Information in strict confidence. Contractor will not use or disclose Confidential Student Information received from or on behalf of University College (or its students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by UniversityCollege. Contractor agrees not to use Confidential Student Information for any purpose other than the purpose for which the disclosure was made. Contractor agrees that only Contractor’s employees who have a legitimate business need in performing this Agreement will have access to the Confidential Student Information. Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor will follow the provisions of the Return of University Records section above with regard to University Records protected by FERPA. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of return all electronically maintained or transmitted Confidential Student Information received fromto College within thirty (30) days or, or on behalf if return is not feasible, destroy any and all Confidential Student Information. Twenty (20) days before destruction of University or its studentsany Confidential Student Information, Contractor will provide College with written notice of Contractor’s intent to destroy Confidential Student Information. These measures Within seven (7) days after destruction, Contractor will be extended by contract confirm to all subcontractors used by ContractorCollege in writing the destruction of Confidential Student Information. Contractor agrees that Contractor is under the direct control of University College with respect to the use and maintenance of Confidential Student Information. If University College reasonably determines in good faith that Contractor has materially breached any of its confidentiality obligations under this Agreement or has violated FERPA, UniversityCollege, in its sole discretion, will have the right to require Contractor to submit to a plan of monitoring and reporting; provide Contractor with a fifteen (15) day period to cure the breach; or terminate the Agreement immediately. Before exercising any of these options, University College will provide written notice to Contractor describing the violation and the action it intends to take. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Contractor improperly disclosed personally identifiable information obtained from UniversityCollege’s education records, University College may not allow the Contractor access to education records for at least five years. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Student Information received from, or on behalf of College or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor will, within one day of discovery, report to University College any use or disclosure of Confidential Student Information not authorized by this Agreement or in writing by UniversityCollege. Contractor’s report will identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Student Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or will take to prevent future similar unauthorized use or disclosure. Contractor will provide such other information, including a written report, as reasonably requested by UniversityCollege. Contractor will indemnify, defend and hold University College harmless from all claims, liabilities, damages, or judgments involving a third party, including UniversityCollege’s costs and attorney fees, which arise as a result of Contractor’s failure to meet or breach any of its obligations under this Agreement. The restrictions and obligations under this Section will survive expiration or termination of this Agreement for any reason.] [OPTIONAL: Include the following provision if Contractor will be collecting money for the sale of goods or services and a portion of that money belongs to College:
Appears in 3 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Confidential Student Information. “Confidential Student Information” is defined as information that is personally identifiable to a student who is or was enrolled at University College by any of the following means: the student’s name, the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as a identification number, or biometric record; other indirect identifiers, including but not limited to the student’s date of birth, place of birth, and mother’s maiden name; or any other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community to identify the student with reasonable certainty and includes information supplied to Contractor by University College as well as any information provided by UniversityCollege’s students and third parties to the Contractor. To the extent applicable, Contractor acknowledges that this Agreement may allow allows the Contractor access to Confidential Student Information, and that access to and disclosure of Confidential Student Information is restricted by University College policy and federal law, namely the Family Educational Rights and Privacy Act (“FERPA”). In the event that Contractor receives Confidential Student Information in the performance of this Agreement, Contractor agrees to hold Confidential Student Information in strict confidence. Contractor will not use or disclose Confidential Student Information received from or on behalf of University College (or its students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by UniversityCollege. Contractor agrees not to use Confidential Student Information for any purpose other than the purpose for which the disclosure was made. Contractor agrees that only Contractor’s employees who have a legitimate business need in performing this Agreement will have access to the Confidential Student Information. Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor will follow the provisions of the Return of University Records section above with regard to University Records protected by FERPA. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of return all electronically maintained or transmitted Confidential Student Information received fromto College within thirty (30) days or, or on behalf if return is not feasible, destroy any and all Confidential Student Information. Twenty (20) days before destruction of University or its studentsany Confidential Student Information, Contractor will provide College with written notice of Contractor’s intent to destroy Confidential Student Information. These measures Within seven (7) days after destruction, Contractor will be extended by contract confirm to all subcontractors used by ContractorCollege in writing the destruction of Confidential Student Information. Contractor agrees that Contractor is under the direct control of University College with respect to the use and maintenance of Confidential Student Information. If University College reasonably determines in good faith that Contractor has materially breached any of its confidentiality obligations under this Agreement or has violated FERPA, UniversityCollege, in its sole discretion, will have the right to require Contractor to submit to a plan of monitoring and reporting; provide Contractor with a fifteen (15) day period to cure the breach; or terminate the Agreement immediately. Before exercising any of these options, University College will provide written notice to Contractor describing the violation and the action it intends to take. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Contractor improperly disclosed personally identifiable information obtained from UniversityCollege’s education records, University College may not allow the Contractor access to education records for at least five years. Contractor will develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted Confidential Student Information received from, or on behalf of College or its students. These measures will be extended by contract to all subcontractors used by Contractor. Contractor will, within one day of discovery, report to University College any use or disclosure of Confidential Student Information not authorized by this Agreement or in writing by UniversityCollege. Contractor’s report will identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Student Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or will do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or will take to prevent future similar unauthorized use or disclosure. Contractor will provide such other information, including a written report, as reasonably requested by UniversityCollege. Contractor will indemnify, defend and hold University College harmless from all claims, liabilities, damages, or judgments involving a third party, including UniversityCollege’s costs and attorney fees, which arise as a result of Contractor’s failure to meet or breach any of its obligations under this Agreement. The restrictions and obligations under this Section will survive expiration or termination of this Agreement for any reason.
Appears in 2 contracts
