Vendor Obligations Under NYS Education Law. 2-d. For Student Data, or Teacher and Principal Data, as such terms are defined in New York Education Law Section 2-d, Vendor shall comply with all terms, conditions and obligations as set forth in the Data Sharing and Confidentiality Agreement incorporated into this Agreement by reference as Exhibit D. In the event that Vendor receives, stores or maintains Student Data, or Teacher and Principal Data provided to it by a Licensee, whether as a cloud provider or otherwise, the Vendor assumes all risks and obligations in the event of a breach of security of such data. Vendor shall not subcontract or assign its obligation to store or maintain Student Data, or Teacher and Principal Data provided to it pursuant to this Agreement to a third-party cloud provider unless granted specific prior written permission from Customer.
Vendor Obligations Under NYS Education Law. 2-d. For Student Data, or Teacher and Principal Data, as such terms are defined in New York Education Law Section 2-d, Vendor shall comply with all terms, conditions and obligations as set forth in the Data Sharing and Confidentiality Agreement incorporated into this Agreement by reference as Exhibit D. In the event that Vendor receives, stores or maintains Student Data, or Teacher and Principal Data provided to it by a Licensee, whether as a cloud provider or otherwise, the Vendor assumes all risks and obligations in the event of a breach of security of such data by Vendor or its Authorized Persons. “Authorized Persons” shall mean service providers and/or subcontractors utilized by Vendor to provision and support its products and services to its school and district customers, who are under contractual obligations of confidentiality and security with Vendor with respect to the data processed. Vendor shall not otherwise Vendor shall not subcontract or assign its obligation to store or maintain Student Data, or Teacher and Principal Data provided to it pursuant to this Agreement to a third- party cloud provider unless granted specific prior written permission from Customer. For clarity, the parties acknowledge and agree that, to the extent consistent with applicable law, Vendor may collect, use, analyze, and retain data generated through the use by BOCES, the Participating Educational Agency and authorized end users of the Vendor Products and services, from which all personally identifiable information and individually identifying attributes have been removed ("De-identified Data"), for benchmarking, development of best practices, improvement or development of Vendor's educational products and services, and/or for educational research and statistical purposes. Vendor shall in no event attempt to re-identify De-identified Data or authorize others to do so and will not disclose it to any third party unless the recipient agrees not to attempt to re-identify the information
Vendor Obligations Under NYS Education Law. 2-d. For Student Data, or Teacher and Principal Data, as such terms are defined in New York Education Law Section 2-d, Vendor shall comply with all terms, conditions and obligations as set forth in the Data Sharing and Confidentiality Agreement, Exhibit D, incorporated into this Agreement. In the event that Vendor receives, stores or maintains Student Data, or Teacher and Principal Data provided to it by a Licensee, whether as a cloud provider or otherwise, the Vendor assumes all risks and obligations in the event of a breach of security of such data. Vendor shall not subcontract or assign its obligation to store or maintain Student Data, or Teacher and Principal Data provided to it pursuant to this Agreement to a third-party cloud provider unless such subcontractor is contractually bound by a written agreement that includes confidentiality and data security obligations equivalent to, consistent with, and no less protective than, those found in the Data Sharing and Confidentiality Agreement incorporated in this Agreement. Vendor shall maintain and publish a list of such subcontractors as part of its privacy policy.
