Common use of Data and Release (Representations and Warranties Clause in Contracts

Data and Release (Representations and Warranties. 2.1 In connection with Company’s provision of the Products to District and to allow for the proper functioning and purpose of the Products, the District agrees to and shall release certain data to the Company and agrees to permit the Company to collect certain data from District’s users of the Products (collectively, “Data”). Certain of this Data may be subject to the Family Educational Rights and Privacy Act ("FERPA") (20 U.S.C. § 1232g; 34 CFR Part 99), in which case it will be known as FERPA Data (“FERPA Data”). Certain portions of the Data may be considered Personally Identifiable Information (“Personally Identifiable Information”). De-Identified Data (“De-Identified Data”) is data generated from usage of Company Products from which all Personally Identifiable Information has been removed or obscured so that it does not identify an individual student and there is no reasonable basis to believe the remaining information can be used to identify a student. For the purposes of this agreement De-Identified Data will not be considered Personally Identifiable Information and, thus, shall not be deemed FERPA Data, as defined above, or COPPA Data, as defined below. Personally Identifiable Information may be collected from students under the age of 13 during the normal course of such students’ use of the Products and thus may be subject to the Children’s Online Privacy Protection Act, in which case it will be known as COPPA Data (“COPPA Data”), but with respect to both COPPA Data and FERPA Data, such Data may only be used for the purpose of facilitating and enhancing the use and functionality of the Products and in connection with Company’s providing the Products to District and its users. Company will access, use, restrict, safeguard and dispose of all FERPA Data and COPPA Data related to this Agreement in accordance with FERPA and COPPA, respectively. Notwithstanding such release or collection, the FERPA Data, COPPA Data, and Personally Identifiable Information remain the property of the District.

Data and Release (Representations and Warranties. 2.1 In connection with Company’s provision of the Products to District and to allow for the proper functioning and purpose of the Products, the District agrees to and shall release certain data to the Company and agrees to permit the Company to collect certain data from District’s users of the Products (collectively, “Data”). Certain of this Data may be subject to the Family Educational Rights and Privacy Act ("FERPA") (20 U.S.C. § 1232g; 34 CFR Part 99), in which case it will be known as FERPA Data (“FERPA Data”). Certain portions of the Data may be considered Personally Identifiable Information (“Personally Identifiable Information”). De-De- Identified Data (“De-Identified Data”) is data generated from usage of Company Products from which all Personally Identifiable Information has been removed or obscured so that it does not identify an individual student and there is no reasonable basis to believe the remaining information can be used to identify a student. For the purposes of this agreement De-Identified Data will not be considered Personally Identifiable Information and, thus, shall not be deemed FERPA Data, as defined above, or COPPA Data, as defined below. Personally Identifiable Information may be collected from students under the age of 13 during the normal course of such students’ use of the Products and thus may be subject to the Children’s Online Privacy Protection Act, in which case it will be known as COPPA Data (“COPPA Data”), but with respect to both COPPA Data and FERPA Data, such Data may only be used for the purpose of facilitating and enhancing the use and functionality of the Products and in connection with Company’s providing the Products to District and its users. Company will access, use, restrict, safeguard and dispose of all FERPA Data and COPPA Data related to this Agreement in accordance with FERPA and COPPA, respectively. Notwithstanding such release or collection, the FERPA Data, COPPA Data, and Personally Identifiable Information remain the property of the District.