No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void.
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications: The Parties acknowledge and agree that the rights and obligations of the LEA and Apptegy with respect to providing, accessing, and using the Services are also subject to and governed by the Apptegy Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy"), available as amended at the following links: xxxxx://xxx.xxxxxxx.xxx/terms-of-use/ and https:// xxx.xxxxxxx.xxx/xxxxxxx-xxxxxx/. The Terms of Use and Privacy Policy further set out how Provider will comply with its obligations under this DPA and are incorporated into this DPA in their entirety, as applicable to the LEA. The DPA will supersede the Terms of Use and Privacy Policy in the event of any conflict therein and will not modify the rights and obligations of the parties as set forth herein.
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. Notwithstanding any other provision of this contract, in no event however shall the aggregate, cumulative liability of TumbleWeed Press Inc. for any and all claims exceed two times (2x) the total dollar amount paid or to be paid by the LEA to TumbleWeed Press Inc. under the contract pursuant to which the Claims arose during the initial term of the contract. DocuSign Envelope ID: 0C23926D-F249-43FD-8BFD-EF06CCEB0383
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. Notwithstanding anything in the contrary in the DPA or other exhibits thereto, XXX and Provider agree to the following terms and modifications to the fullest extent permitted by applicable law:
1. With respect to the DPA’s STANDARD CLAUSES:
a. Article II, ¶ 2 (Parent Access) is amended by striking “, and procedures for the transfer of student-generated content to a personal account,”.
b. Article II, ¶ 3 (Separate Account) is stricken in its entirety.
c. Article II, ¶ 5 (Subprocessors) is amended by striking “in a manner no less stringent than the terms of this DPA” and replacing it with “in a manner no less stringent than the material terms of this DPA.”
d. Article IV, ¶ 2 (Authorized Use) is stricken and replaced as follows: “The Student Data shared pursuant to the Service Agreement, including persistent unique identifiers, shall be used for no purpose other than the Services outlined in Exhibit A, as stated in the Service Agreement, and as otherwise permitted under applicable laws.”
e. Article IV, ¶ 5 (De-Identified Data) is stricken and replaced as follows: “Provider agrees not to attempt to re-identify de- identified Student Data. De-Identified Data may be used by the Provider for any purposes allowed under applicable laws.”
f. Article IV, ¶ 6 (Disposition of Data) is amended by striking the following sentence: "Upon termination of this DPA, if no written request from the LEA is received, Provider shall dispose of all Sudent Data after providing the LEA with reasonable prior notice."
g. Article V, ¶ 1 (Data Storage) is amended by replacing the first sentence with the following: "Provider may host Student Data anywhere in the US or EU/EEA."
h. Article V, ¶ 2 (Audits) is stricken in its entirety and replaced with the following: “Provider will make available to LEA reasonably requested information regarding its security and privacy program, policies and practices.”
i. Article V, ¶ 3 (Data Security) is stricken and replaced as follows: “The Provider agrees to utilize commercially-reasonable administrative, physical, and technical safeguards designed to protect Student Data from unauthorized access, disclosure, acquisition, destruction, use, or modification. The Provider shall adhere to any applicable law relating to data security. Provider shall provide contact information of an employee who LEA may contact if there...
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. Strike ARTICLE VII: MISCELLANEOUS 6. Governing Law; Venue and Jurisdiction. THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY. Reason: Virginia is a state agency and cannot agree to abide by the laws of another state. EXHIBIT G: Supplemental SDPC State Terms for Texas Compliance with Texas Privacy Laws and Regulations. In performing their respective obligations under the Agreement, the LEA and the Provider shall comply with all Texas laws and regulations pertaining to LEA data privacy and confidentiality, including but not limited to theTexas Education Code Chapter 32, and Texas Government Code Chapter 560. Change to Compliance with Privacy Laws and Regulations. In performing their respective obligations under the Agreement, the LEA and the Provider shall comply with all applicable laws and regulations pertaining to LEA data privacy and confidentiality.
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications:
1. Article II, Section 4 of the DPA is hereby amended to read as follows: The following is added to the end of the sentence: “…and to the extent reasonably practicable.”
2. Article IV, Section 6 of the DPA, the second sentence is hereby deleted and replaced with the following: “Upon termination of this DPA, if no written request from the LEA is received, Provider shall dispose of all Student Data within sixty (60) days after such termination commensurate with Provider’s internal data retention policy schedule.”
3. Article V, Section 2 of the DPA is hereby amended to add the following language to the end of the clause: “Provider may at its option provide the LEA with a summary of its own third-party audit in lieu of LEA audit.”
4. Article V, Section 4 of the DPA, the first sentence is amended to read as follows: “In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider, the Provider shall provide notification to XXX as soon as reasonably practicable after confirmation of the incident, unless notification would disrupt the investigation of the incident by law enforcement.”
5. Exhibit G, Section 7, the last sentence is deleted in its entirety.
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications:
1. The following sentence is added to the end of Article IV, Section 5 "De-Identified Data" of the Standard Clauses: "Without limiting the foregoing, XXX acknowledges and agrees that Provider has the right to use De-Identified Data for the following permitted purposes: (x) to track usage data, including quantifying active users, retention rates, and other relevant data to assess the performance of the Services; (y) to learn about how users leverage different functionalities (e.g. prompts used to generate curriculum) to further improve the performance of the Services; and
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications:
1. With respect to Section 5 of Article II of the NDPA, for some of our subcontractors (e.g. our cloud hosting provider), our agreement with them is just our acceptance of their Terms of Service.
2. The following 2nd sentence of Section 6 of Article IV of the NDPA is deleted:
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications:
Section 1. The following sentence is added: For clarification, information provided directly to Provider from a parent, guardian, or eligible student through xxx.XxXxxxxxXxxxx.xxx is not Student Data. Article IV, Section 4 is modified as follows:
No Exhibit E without unaltered DPA including Texas Addendum. Any alterations are only allowed in Exhibit “H”. Any terms under Exhibit “H” do not apply to Exhibit “E” and render Exhibit “E” null and void. XXX and Provider agree to the following additional terms and modifications: Data Control. XXX acknowledges that they must control the student data in staff accounts to comply with this agreement. To do this effectively, XXX must control the email address associated with all staff accounts, and be able to provide email addresses when making requests associated with their data. If there is any concern about data ownership, the SLP Toolkit account email will be used to verify ownership. Notices. LEAs which have organization accounts with SLP Toolkit will receive communications using the contact on file. LEAs which have staff maintaining individual accounts with SLP Toolkit will receive communications via the email address associated with their account.
