Common use of Data Return/Destruction Clause in Contracts

Data Return/Destruction. Upon expiration of the term of the Agreement, upon the earlier termination of the Agreement for any reason, at a time when some or all of the School District Data is no longer needed for purposes of the Agreement, or upon the School District’s request, the Company covenants and agrees that it promptly shall return to the School District all School District Data in the Company’s possession and control. If return of the data is not feasible or if the School District agrees, then the Company shall destroy the data. Upon receiving a written request from the School District for such certificate, the Company agrees to send a written certificate that the data was properly destroyed or returned. Such certificate shall be delivered within 30 days of the date of the event triggering return/destruction (e.g., within 30 days of the termination of the Agreement, within 30 days of the School District’s request or notification to the Company that the data is no longer needed for the purposes of the Agreement). The Company shall destroy School District Data in a secure manner and in such a manner that it is permanently irretrievable in the normal course of business. The only exception to the requirements of this Section 4.3 is if the Company has express written consent from a student’s parent or legal guardian consenting to the maintenance of the covered information. In such case, the Company agrees to send with or in lieu of the written certificate required by this Section 4.3 written evidence of parental/guardian consent for any data maintained.

Data Return/Destruction. Upon 90 days after the expiration of the term of the Agreement, upon 90 days after the earlier termination of the Agreement for any reason, at a time when some or all of the School District Data is no longer needed for purposes of the Agreement, or upon the School District’s request, the Company covenants and agrees that it promptly shall return to the School District all School District Data in the Company’s possession and control. If return of the data is not feasible or if the School District agrees, then the Company shall destroy the datadata via complete de-identification. Upon receiving a written request from the School District for such certificate, the The Company agrees to send a written certificate that the data was properly destroyed or returnedreturned upon School District Request. Such certificate shall be delivered within 30 days of the date of the event triggering return/destruction request (e.g., within 30 days of the termination of the Agreement, within 30 days of the School District’s request or notification to the Company that the data is no longer needed for the purposes of the Agreement). The Company shall destroy School District Data in a secure manner and in such a manner that it is permanently irretrievable in the normal course of business. The only exception to the requirements of this Section 4.3 5.3 is if the Company has express written consent from a student’s parent or legal guardian consenting to the maintenance of the covered information. In such case, the Company agrees to send with or in lieu of the written certificate required by this Section 4.3 5.3 written evidence of parental/guardian consent for any data maintained.

Data Return/Destruction. Upon expiration of the term of the Agreement, upon the earlier termination of the Agreement for any reason, at a time when some or all of the School District Data is no longer needed for purposes of the Agreement, or and upon the School District’s written request, the Company covenants and agrees that it promptly within 30 days shall return to the School District all School District Data in the Company’s possession and control. If return of the data is not feasible or if the School District agrees, then the Company shall destroy or de-identify the data. Upon receiving a written request from the School District for such certificateDistrict, the Company agrees to shall send a written certificate that the data was properly destroyed or returned. Such certificate shall be delivered within 30 days of the date of the event triggering return/destruction (e.g., within 30 days of the termination of the Agreement, within 30 days of the School District’s request or notification to the Company that the data is no longer needed for the purposes of the Agreement). The Company shall destroy School District Data in a secure manner and in such a an industry standard manner that it is permanently irretrievable in the normal course of business. The only exception to the requirements of this Section 4.3 5.3 is if the School Company has express written consent from a student’s parent or legal guardian consenting to the maintenance of the covered information, subject to any confidentiality or other requirements of the individual who provided such consent. In such case, the Company agrees to send with or in lieu of the written certificate required by this Section 4.3 5.3 written evidence of parental/guardian consent for any data maintained.