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6.4 Access to District Data. District shall have the right to access and retrieve any or all District Data <br />stored by or in possession of Contractor upon written notice to Contractor's Designated Representative. If another <br />timeline for response is provided herein, then that, more specific, deadline shall control. Otherwise, Contractor shall <br />make the District Data available to the District within seven (7) calendar days from the date of request. <br />Compliance with Applicable Law <br />7.1 School Service Contract Providers. If Contractor provides a "school service," which is defined as an <br />Internet website, online service, online application or mobile application that: (a) is designed and marketed primarily <br />for use in a preschool, elementary school or secondary school; (b) is used at the direction of District teachers or other <br />District employees; and (c) collects, maintains or uses District Data or PII, then Contractor is a "school service contract <br />provider" under the Act. To the extent not previously provided, within ten (10) calendar days after signing this <br />Addendum, Contractor shall provide to the District in a format acceptable to the District or that is easily accessible <br />through Contractor's website in language easily understandable to a layperson: (a) the data elements of District Data or <br />PIi that Contractor collects, generates or uses pursuant to the contract; (h) the educational purpose for which Contractor <br />collects and uses the District Data; (c) Contractor's policies regarding retention and disposal of District Data; (d) how <br />Contractor uses, shares or discloses the District Data; and (e) statement whether Contractor's Contract has ever been <br />terminated by another school district for failure to comply with the same or substantially similar security obligations <br />as those set forth herein. Contractor shall update this information as necessary to maintain accuracy. District reserves the <br />right to terminate this Agreement, as specified in Section 8, should t h e District receive information after the Effective <br />Date that significantly modifies Contractor's representations made in this Section 7.1. <br />7.2. Children's Online Privacy and Protection Act. In performance of the Services required by the <br />Contract, if Contractor collects personal information (as defined in the Children's Online Privacy and Protection Act <br />of 1998, 5 U.S.C. 6501 to 6505, and its implementing regulations) from children under thirteen (13) years of age, <br />Contractor warrants, represents, and covenants that such collection is and shall be for the use and benefit of the <br />District and for no other commercial purpose. Contractor has provided District with full notice of its collection, use, <br />and disclosure practices. <br />7.3 Compliance with Laws. Contractor warrants that it will abide by all applicable laws, ordinances, rules, <br />regulations, and orders of all governmental agencies or authorities having jurisdiction over the Services including but <br />not limited to: COPPA; FERPA; the Health Insurance Portability and Accountability Act, 45 C.F.R. Part 160.103, and <br />Health Information Technology for Economic and Clinical Health Act, Gramm -Leach -Bliley Financial Modernization Act <br />of 1999, 15 U.S.C. 6809; Payment Card Industry Data Security Standards; Protection of Pupil Rights Amendment, 20 U <br />.S.C. 1232h, 34 C.F.R. Part 98; Americans with Disabilities Act, and Federal Export Administration Regulations. <br />8. Termination <br />8.1 Term. This Addendum will become effective when the Contractor has executed this Addendum <br />("Effective Date"). Subject to Sections 8.2 and 12.3, this Addendum will automatically terminate without any further <br />action of the Parties upon the termination or expiration of the Contract between the Parties or successful completion of <br />the Services. Alternatively, upon re -execution of the Contract by the authorized persons of District and Contractor, this <br />Addendum shall also be revived and be of full force and effect. <br />8.2 Termination by the District. <br />Colorado Council of School Board Attomeys, December 10, 2016 <br />