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DATA PROTECTION ADDENDUM This Data Protection Addendum ("Addendum") is by and between City of Louisville, a Colorado home rule municipality ("Contractor") and Boulder Valley School District ("District"), including its directors, employees, and authorized agents and volunteers, and applies to this Memorandum of Understanding ("Contract"). The Addendum and the Contract are collectively referred to hereinafter as "Agreement". This Addendum supersedes the Contract by adding to, deleting from and modifying the Contract as set forth herein. To the extent any such addition, deletion or modification results in any conflict or inconsistency between the Contract and this Addendum, this Addendum shall govern and the terms of the Contract that conflict with this Addendum or are inconsistent with this Addendum shall be of no force or effect. In consideration of the mutual covenants, promises, understandings, releases and payments described in the Contract and this Addendum, the parties agree to amend the Contract by adding the following language: 1. Definitions 1.1 "Designated Represenlative" means District or Contractor employees as specified on Schedule 1 to whom all notices required in this Addendum will be sent. 1.2 "District Data" means any Personally Identifiable Information, Record, Education Record and all Personally Identifiable Information included therein or derived therefrom that is not intentionally made generally available by the District on public websites or publications but is made available directly or indirectly by the District to Contractor or that is otherwise collected or generated by Contractor in connection with the performance of the Services. 1.3 "De -identified Data" means District Data from which all personally identifiable information, as defined herein, and attributes about such data, have been permanently removed so that no individual identification can be made. 1.4 "Education Records" means records, files, documents and other materials that: (a) contain information directly related to a student; and (b) are maintained by the District, or by a party acting for the District such as Contractor. 1.5 "End User" means individuals authorized by the District to access and use the Services provided by the Contractor under the Contact. 1.6 "Incident" means a suspected, attempted, or imminent threat of unauthorized access, use, disclosure, breach, modification, disruption or destruction to or of District Data. 1.7 "Hine District Data" means the act of searching through, analyzing, accessing, or extracting District Data, metadata, or information not necessary to accomplish the Services or purpose(s) of this Agreement for the benefit of the District. 1.8 "Personally Identifiable Ifornation" or "PIT' means information and metadata that, alone or in combination, is linked or linkable to a specific student so as to allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Personally identifiable information includes but is not limited to: (a) the student's name; (b) the name of the student's parent or other family members; (c) the address or phone number of the student or student's family; (d) Colorado Council of School Board Attorneys, December I0, 2016