Production System Segregation and the Use of Consumer Information. With regard to its software and other technological programs and products, ACI shall at all times require that its production environment, either logically or physically, is separate from its development and test environments. For a period of five (5) years, when testing ACI software or systems ACI must use only Synthetic Data, meaning data that is artificially manufactured, rather than generated by real- world transactions. Synthetic Data is not to be traceable to any specific Consumer Information and is used to protect Consumer Information from inadvertent or unauthorized disclosure, use, or access. The Qualified Individual(s), as described in further detail below, may permit an exception to the requirement in the prior sentence only if the Qualified Individual determines that (a) it is not reasonably practical to obtain rigorous and reliable results from a given test without using data that reflects the structure, volume, specificity, and diversity of Consumer Information, and (b) such Consumer Information is subject to documented controls, as approved by a Qualified Individual, to ensure it is handled, processed, and disposed of in a secure manner and in conformity with the obligations in this Agreement. If the Qualified Individual grants an exception under this paragraph, the decision must be documented in writing and include the following items: the purpose and nature of the test; the date on which the test will be performed; a description of the specific dataset to be used in the test; and the reason(s) why Synthetic Data could not have reasonably been used. ACI agrees that, for a period of five (5) years, it will produce all documents relating to the granting of any exception to this paragraph upon request by any State Money Transmission Regulator.
