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17. User Data and Data Privacy <br /> 17. 1 Data Ownership. The City will own all right, title and interest in its data <br /> that is related to the Services provided by this Agreement. Consultant shall not access <br /> City user accounts or City Data, except (1 ) as necessary to provide the Services, (2) in <br /> response to service or technical issues, (3) as required by the express terms of this <br /> Agreement or (4) at the City's written request. Upon expiration or termination of the <br /> Agreement, Consultant shall return materials that contain any confidential information to <br /> the City. <br /> 17.2 Data Protection. Protection of personal privacy and data shall be an <br /> integral pad of the business activities of Consultant to ensure there is no inappropriate <br /> or unauthorized use of City's data at any time. To this end, Consultant shall safeguard <br /> the confidentiality, integrity, and availability of City information and City Data and comply <br /> with the following conditions: <br /> i. Consultant shall implement and maintain appropriate <br /> administrative, technical and organizational security measures to <br /> safeguard against unauthorized access, disclosure or theft of <br /> Personal Data and Non-Public Data. Such security measures shall <br /> be in accordance with recognized industry practice and not less <br /> stringent than the measures Consultant applies to its own Personal <br /> Data and Non-Public Data of similar kind. <br /> ii. All data obtained by Consultant in the performance of this <br /> Agreement shall become and remain the property of the City. <br /> iii . All Personal Data and Non-Public Data shall be encrypted at rest <br /> and in transit with controlled access. Unless otherwise stipulated, <br /> Consultant is responsible for encryption of the Personal Data and <br /> Non-Public Data . <br /> iv. For data at rest, Consultant shall ensure hard drive encryption <br /> consistent with validated cryptography standards as referenced in <br /> FIPS 140-2, Security Requirements for Cryptographic Modules for <br /> all Personal Data . <br /> v. At no time shall any data or processes — that either belong to or <br /> are intended for the use of the City or its officers, agents or <br /> employees be copied , disclosed or retained by Consultant or any <br /> party related to Consultant for subsequent use in any transaction <br /> that does not include the City. <br /> vi. Consultant shall not use any information collected in connection <br /> with the Services issued from this Agreement for any purpose other <br /> than fulfilling the Services. <br /> REV: 06-19-18 PR <br /> Page 6 of 23 <br /> ATTY/AGR.2018. 132/Raycom Data Technologies, Inc. <br />