Common use of Data Security and Liability for Loss or Corruption of Data Clause in Contracts

Data Security and Liability for Loss or Corruption of Data. (1) Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to Contractor’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌ (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) Contractor 3.37.1 Consultant shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor Consultant by City or by any user, or that Contractor Consultant generates, creates, or analyzes for the City. Contractor Consultant shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor Consultant shall be responsible and liable for the acts and omissions of ContractorConsultant’s personnel, temporary employees, agents, and subcontractors subcontractor in connection with the provision of the services required under this Agreement, as if such acts or omissions were ContractorConsultant’s acts or omissions. With respect to any of ContractorConsultant’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to ContractorConsultant’s performance of this Agreement, Contractor Consultant shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) Require these persons to execute and deliver to Contractor Consultant written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to ContractorConsultant’s personnel with access to the City’s physical property or premises, Contractor Consultant shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. . (1) Pursuant to this Agreement, Contractor Consultant shall be responsible for any fraudulent or dishonest acts committed by ContractorConsultant’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor Consultant shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor Consultant understands that in certain situations access to information or systems may be restricted by law. Contractor Consultant represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of ContractorConsultant's negligence, any City data is lost or corrupted, Contractor Consultant shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are is not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to Contractor’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) 3.37.1 Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to Contractor’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌ (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, Information or City data, or the Software data in so far as it relates to Contractor’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) Contractor Consultant shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are is not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of ContractorContractor ’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were ContractorContractor ’s acts or omissions. With respect to any of ContractorContractor ’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to ContractorContractor ’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to ContractorContractor ’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by ContractorContractor ’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.

Data Security and Liability for Loss or Corruption of Data. (1) 3.9.1 Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are is not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement Contract or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this AgreementContract, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to Contractor’s performance of this AgreementContract, Contractor shall: (a) 3.9.2 Advise these persons of and require that they comply with the provisions of this Agreement Contract applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) 3.9.3 Require these persons to execute and deliver to Contractor written agreements Contracts that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this AgreementContract, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) 3.9.4 With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. . 3.9.5 Pursuant to this AgreementContract, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. 3.9.6 Contractor, its agents, employees, contractors, and subcontractors shall hold all City information, user information, data, materials, processes, and documents (collectively, the “Information”) that they receive, or to which they have access, in strictest confidence. Contractor, its agents, employees, contractors, and subcontractors shall not disclose, disseminate, or use the Information unless the Director authorizes it in writing. Contractor shall obtain written contracts from its agents, employees, contractors, and subcontractors which bind them to the terms in this Section. The placement of a copyright notice on any Information will not be construed to mean that such information has been published and will not release Contractor from its obligation of confidentiality hereunder. The terms and conditions of this Confidentiality section shall survive the expiration or termination of this Contract for any reason. Upon request by the Director at any time during the Term and upon expiration or termination of this Contract, Contractor shall retain, migrate, or dispose of the City’s Information as directed by the Director. Within two (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result days of Contractor's negligence’s receipt of the Director’s written request to retain, any City data is lost migrate, or corrupteddispose of the City’s Information, Contractor shall restore notify the Director in writing of the estimated storage size and types of data to the previous day's uncorrupted statebe retained, migrated, or disposed of. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.Within thirty

Data Security and Liability for Loss or Corruption of Data. (1) Contractor shall maintain the security of all City data, including but not limited to, all City-specific data, user data, and any other data that is provided to Contractor by City or by any user, or that Contractor generates, creates, or analyzes for the City. Contractor shall implement and maintain reasonable administrative, technical, and physical controls, safeguards, measures, and procedures to (i) protect and safeguard the privacy, security, integrity, and confidentiality of the City’s Information and City data, (ii) prevent, detect, contain, and correct security breaches in, involving, or against the City’s Information and City data, and (iii) ensure that the City’s Information and City data are not accessed, processed, stored, transmitted, transferred, copied, disposed of, archived, or disclosed contrary to the provisions of this Agreement or applicable laws concerning information technology security, network or data security, and privacy laws. Contractor shall be responsible and liable for the acts and omissions of Contractor’s personnel, temporary employees, agents, and subcontractors in connection with the provision of the services required under this Agreement, as if such acts or omissions were Contractor’s acts or omissions. With respect to any of Contractor’s personnel, temporary employees, agents, and subcontractors who process, store, transmit, access, dispose of, or have access to the City’s Information, City data, or the Software in so far as it relates to Contractor’s performance of this Agreement, Contractor shall: (a) Advise these persons of and require that they comply with the provisions of this Agreement applicable to each person, including without limitation, the provisions relating to the privacy, security, integrity, and confidentiality of the City’s Information and City data;‌data; (b) Require these persons to execute and deliver to Contractor written agreements that are a direct flow-down of, or substantially similar to (or no less restrictive than) the terms of this Agreement, including without limitation, with respect to privacy, security, integrity, and confidentiality of the City’s Information and City data; and (c) With respect to Contractor’s personnel with access to the City’s physical property or premises, Contractor shall advise these persons of applicable visitor policies and require that they comply with them and only access authorized areas. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, personnel, temporary employees, agents, subcontractors, directors, or officers. (2) Contractor shall comply with all applicable state and federal laws and regulations, including without limitation, all export laws and regulations, HIPAA, and the City Charter and Code of Ordinances. Contractor understands that in certain situations access to information or systems may be restricted by law. Contractor represents and warrants that it has read the Criminal Justice Information Systems (CJIS) process and related documents located at xxxx://xxx.xxxxxxxxx.xxx/police/cjis/hpdvendorcertification.htm and shall comply with the terms and requirements therein and with all applicable state and federal laws. (3) If as a result of Contractor's negligence, any City data is lost or corrupted, Contractor shall restore the data to the previous day's uncorrupted state. Loss or corrupted data means data that is inaccessible, and not merely one that contains inaccurate data due to service defects or other reasons.