We know you need to have us sign data agreements. To speed the process (because we get hundreds of these, please check that your agreements align to these criteria that must be met for us to sign.
Data storage location
We will accept United States. CONUS is not an acceptable limitation.
Deletion on expiration:
This language is the correct language to include. We put all the power in your hands. The agreement shall state that you have the first obligation of action to protect your data:
We can agree to something very similar to the below language. We have carefully selected our cloud-services vendors. It is not feasible to require them the sign and agree to be bound by the terms of every DPA we sign and we will not sign any agreement that requires us to ask all subs to sign on to the terms of the DPA. We accept our responsibility for managing them and this language captures our commitment.
Vendor will ensure that any subcontractors with whom it shares Student Data and/or Teacher or Principal Data are (a) subject to obligations of confidentiality at least as protective as this agreement and receive annual training on their privacy and security obligations, or (b) are engaged under a contract under which they agree that they have no right of access to Vendor's data stored in the subcontractors' cloud-based services.
Breach Reimbursements and Responsibilities and Indemnifications
We can agree to assist you with any breach. We will not agree to any reimbursement or notification requirement that is not limited to our conduct. Districts are responsible for the conduct of their employees. We will look for limitations such as "acts or omissions of the Vendor, or its officers, agents, subcontractors or employees." Failure to include such a limitation will result in us asking for a change.
Intellectual Property Terms
We cannot modify the IP terms in our Terms of Service. We will reject any language that attempts to modify those terms. Those terms are carefully crafted to meet your and our needs.
Entire Agreement Clauses
New York Section 2d
We extend the protections and elements of our New York Section 2-d Data and Security Plan to all users. We encourage you to incorporate that rather than reinventing the wheel where it meets your needs.