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6.1.H. - Page 12 <br />or debit card numbers; or Protected Health Information (PHI) relating to a <br />person. Personal Data also means any other information identified as <br />"personal information" by California Civil Code Sections 1798.29, <br />1789.81.5 or 1798.82, as may be amended from time to time and any <br />data pertaining to Participating Students, including, without limitation, <br />student work, student names, and student academic records. <br />12.6.5 Protected Health Information" (PHI) means individually identifiable <br />health information transmitted by electronic media, maintained in <br />electronic media, or transmitted or maintained in any other form or <br />medium. PHI excludes education records covered by as amended, 20 <br />U.S.C. 1232g, records described at 20 U.S.C. 1232g(a)(4)(B)(iv) and <br />employment records held by a covered entity in its role as employer. <br />12.6.6 "City Data" means all data created or in any way originating with <br />the City or any Participating Student, and all data that is the output of <br />computer processing of or other electronic manipulation of any data that <br />was created by or in any way originated with the City or Participating <br />Student, whether such data or output is stored on the City's hardware, <br />Consultant's hardware or exists in any system owned, maintained or <br />otherwise controlled by the City or by Consultant. <br />12.6.7 "City Identified Contact" means the person or persons designated <br />in writing by the City to receive Security Incident or Data Breach <br />notification. <br />12.6.8 "Security Incident" means the potentially unauthorized access by <br />non -authorized persons to Personal Data or Non -Public Data Consultant <br />believes could reasonably result in the use, disclosure or theft of City's <br />unencrypted Personal Data or Non -Public Data within the possession or <br />control of Consultant. A Security Incident may or may not turn into a Data <br />Breach. <br />12.7 Survival. The parties expressly agree that this section shall survive the <br />expiration or early termination of the Agreement. <br />13. Business License. Consultant will obtain and maintain a City of Redwood City <br />Business License for the term of the Agreement, as may be amended from time -to -time. <br />REV: 01-10-18 JS Page 9 of 18 <br />ATTY/AGR.2018.007/Brainfuse 2018 <br />