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. ‌ 3.16.1. Contractor shall maintain the security of all City data, including 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 continuously audit its controls designed to (i) protect the security of City data or (ii) record and monitor the Software, documentation, and Documents. Contractor shall regularly test and audit the systems, controls, and procedures outlined in this section, which tests and audits shall occur at least once per calendar month. 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 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. At a minimum, Contractor shall develop, implement, and maintain a reasonable written security program that includes appropriate administrative, technical, organizational, and physical safeguards and security measures that (i) maintain user identification and access controls designed to limit access to authorized users; (ii) protect the City’s Information from unauthorized activity; (iii) use encryption technology, and (iv) comply with any specifications as requested by the City. 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: 3.16.1.1. 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; 3.16.1.2. 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 3.16.1.3. 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. 3.16.2. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, agents, subcontractors, directors, or officers.

Data Security and Liability for Loss or Corruption of Data. ‌ 3.16.1. 3.11.1 Contractor shall maintain the security of all City data, including but not limited to all City-specific data, employee 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 continuously audit its controls designed to (i) protect the security of City data or and (ii) record and monitor the Software, documentation, Software and Documents. Contractor shall regularly test and audit the systems, controls, and procedures outlined in this section, which tests and audits shall occur at least once per calendar month. 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 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. At a minimum, Contractor shall develop, implement, and maintain a reasonable written security program that includes appropriate administrative, technical, organizational, and physical safeguards and security measures that (i) maintain user identification and access controls designed to limit access to authorized users; (ii) protect the City’s Information from unauthorized activity; (iii) use encryption technology, and (iv) comply with any specifications as requested by the City. 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: 3.16.1.1. (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; 3.16.1.2. (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 3.16.1.3. (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. 3.16.2. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, agents, subcontractors, directors, or officers.

Data Security and Liability for Loss or Corruption of Data. ‌ 3.16.1. Contractor shall maintain the security of all City data, including 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 continuously audit its controls designed to (i) protect the security of City data or (ii) record and monitor the Software, documentation, and Documents. Contractor shall regularly test and audit the systems, controls, and procedures outlined in this section, which tests and audits shall occur at least once per calendar month. 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 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. At a minimum, Contractor shall develop, implement, and maintain a reasonable written security program that includes appropriate administrative, technical, organizational, and physical safeguards and security measures that (i) maintain user identification and access controls designed to limit access to authorized users; (ii) protect the City’s Information from unauthorized activity; (iii) use encryption technology, and (iv) comply with any specifications as requested by the City. 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: 3.16.1.1. : 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; 3.16.1.2. ; 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 3.16.1.3. Upon the Handling City Attorney’s request, Contractor shall sign any protective order or other confidentiality agreements required by the City governing Contractor’s use of documents related to a litigation or other confidential matter being handled by Contractor; and 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. 3.16.2. Pursuant to this Agreement, Contractor shall be responsible for any fraudulent or dishonest acts committed by Contractor’s employees, agents, subcontractors, directors, or officers.