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 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 from live instances of the service. The Company agrees to send a confirmation via email that the data was properly destroyed or returned. Email 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).Requesting deletion of specific data prior to termination of services might impact School District’s continued use of services provided by the Company, as some data is required to be maintained throughout the life of the service to maintain account access. 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 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 5.3 written evidence of parental/guardian consent for any data maintained. Notwithstanding, The Company will retain encrypted and isolated backups for 2 years in accordance with Company retention policy.

Data Return/Destruction. Upon expiration of the term of the Agreement, or upon the earlier termination of the Agreement for any reason, or at a time when some or all 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 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 data, except for School District Data, which will be removed from live instances of Company’s backup servers over time, in accordance with the serviceCompany’s retention and destruction policies, consistent with standard industry practice. The Upon request, the Company agrees to send a confirmation via email written certificate that the data was properly destroyed or returned. Email Such certificate shall be delivered within 30 ▇▇▇▇▇ (30) days of the date of the event triggering return/destruction (e.g., within 30 thirty (30) days of the termination of the Agreement, within 30 thirty (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).Requesting deletion of specific data prior to termination of services might impact School District’s continued use of services provided by the Company, as some data is required to be maintained throughout the life of the service to maintain account accessAgreement). 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 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 5.3 written evidence of parental/guardian consent for any data maintained. Notwithstanding, The Company will retain encrypted and isolated backups for 2 years in accordance with Company retention policy.