Common use of DATA OWNERSHIP, ACCESS AND LOCATION Clause in Contracts

DATA OWNERSHIP, ACCESS AND LOCATION. Data Ownership The Authorized User shall own all right, title and interest in Data. Authorized User Access to Data The Authorized User shall have access to its Data at all times, through the term of the Authorized User Agreement, plus the applicable period as specified in Section 3.11 Expiration, Termination or Suspension of Services. The Authorized User shall have the ability to import or export Data in piecemeal or in its entirety at its discretion at no charge to the Authorized User. This includes the ability for the Authorized User to import or export Data to/from other Contractors. This can, if specified within the Authorized User Agreement, be carried out by providing application programmable interface or other such efficient electronic tools. Contractor Access to Data The Contractor shall not copy or transfer Data unless authorized by the Authorized User. In such an event, the Data shall be copied and/or transferred in accordance with the provisions of this Section. Contractor shall not access any Data for any purpose other than fulfilling the service. Contractor is prohibited from Data Mining, cross tabulating, monitoring Authorized User’s Data usage and/or access, or performing any other Data analytics other than those agreed to within the Authorized User Agreement. At time of RFQ response, a Contractor shall identify its monitoring practices for the Authorized User’s written acceptance, which includes but is not limited to those that will monitor the Authorized User’s usage to facilitate system maintenance, service, fixes, and other such solution functionality-based services. Unless otherwise agreed to in an Authorized User Agreement, at no time shall any Data or processes (e.g. workflow, applications, etc.), which either are owned or used by the Authorized User, be copied, disclosed, or retained by the Contractor or any party related to the Contractor. Contractors are allowed to perform industry standard back-ups of Data. Documentation of back-ups must be provided to the Authorized User upon request. Contractor must comply with any and all security requirements within the Authorized User Agreement.