Common use of Confidentiality and Data Security Clause in Contracts

Confidentiality and Data Security. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to TEMPE in connection with this Agreement is confidential, proprietary information owned by PHOENIX. Except as specifically provided in this Agreement, TEMPE shall not disclose data generated in the performance of the service to any third person without the prior written consent of the Public Transit Director, or his/her designee. Personal identifying in formation, financial account information, or restricted PHOENIX information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, TEMPE must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted PHOENIX information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by the TEMPE in connection with this Agreement is believed to have been compromised, TEMPE shall notify PHOENIX Privacy Officer immediately. TEMPE agrees to reimburse PHOENIX for any costs incurred by PHOENIX to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. TEMPE agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by TEMPE. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. The obligations of TEMPE under this Section shall survive the termination of this Agreement.

Confidentiality and Data Security. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to TEMPE by PHOENIX in connection with this Agreement is confidential, proprietary information owned by PHOENIX. Except as required by Arizona public records law or as specifically provided in this Agreement, TEMPE shall not disclose data generated in the performance of the service to any third person without the prior written consent of the Public Transit Director, or his/her designee. Personal identifying in formationinformation, financial account information, or restricted PHOENIX information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, TEMPE must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted PHOENIX information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by the TEMPE in connection with this Agreement is believed to have been compromised, TEMPE shall notify PHOENIX Privacy Officer immediately. TEMPE agrees to reimburse PHOENIX for any costs incurred by PHOENIX to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. TEMPE agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by TEMPE. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. The obligations of TEMPE under this Section shall survive the termination of this Agreement.

Confidentiality and Data Security. All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to TEMPE GLENDALE by PHOENIX in connection with this Agreement is confidential, proprietary information owned by PHOENIX. Except as required by Arizona public records law or as specifically provided in this Agreement, TEMPE GLENDALE shall not disclose data generated in the performance of the service to any third person without the prior written consent of the Public Transit Director, or his/her designee. Personal identifying in formation, financial account information, or restricted PHOENIX information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, TEMPE PHOENIX/ GLENDALE must encrypt and/or password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted PHOENIX information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. In the event that data collected or obtained by the TEMPE PHOENIX or GLENDALE in connection with this Agreement is believed to have been compromised, TEMPE the discovering party shall notify PHOENIX Privacy Officer the other immediately. TEMPE agrees PHOENIX and GLENDALE agree to reimburse PHOENIX each other for any costs incurred by PHOENIX to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be are impacted by the breach. TEMPE agrees PHOENIX and GLENDALE agree that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by TEMPEPHOENIX and GLENDALE. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. The obligations of TEMPE GLENDALE under this Section shall survive the termination of this Agreement.