Common use of De-Identified Data Clause in Contracts

De-Identified Data. Provider agrees not to attempt to re-identify dDe-iIdentified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDe-iIdentified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEA, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer, provided however, that such prior written consent is not required for a Provider transfer of de- identifed data that will be used for Provider’s own operational or product improvement purposes and that the recipient of such de-identified data is prohibited from using it for any other purpose. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The foregoing subpoint (b) in the preceding sentence does not prohibit Provider from transferring De-Identified Data to assist the Provider with its own research if the recipient agrees in writing not to attempt reidentification. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of a third party to reasonably identify the LEA, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented. Such approval cannot be unreasonably or untimely withheld by ▇▇▇.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDede-iIdentified identified Student Data to any party unless (a) that party agrees in writing not to attempt re-re- identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The prior sentence about prior written notice and prior written consent does not apply to transferring De-iIdentified Data to Subprocessors for research and development of the Provider's sites, services, or applications, and to demonstrate the effectiveness of the Services and for adaptive learning purpose and for customized student learning. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ LEA to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The foregoing subpoint (b) in the preceding sentence does not prohibit Provider from transferring De-Identified Data to assist the Provider with its own research if the recipient agrees in writing not to attempt reidentification. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of a third party to reasonably identify the LEA, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented. Such approval cannot be unreasonably or untimely withheld by LEA.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and and, without limiting the foregoing, the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDede-iIdentified identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and identificationand (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. Notwithstanding the prior sentence, the Provider may transfer de-identified Student Data to third parties for research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The prior sentence about prior written consent does not apply to subprocessors or third parties that the Provider shares De-identified Data with for research and development, improvement of the Provider’s educational sites, services, or applications, and/or to demonstrate the effectiveness of the Services. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The prohibition in the prior sentence does not apply to Subprocessors assisting the Provider in providing services under this DPA or assisting the Provider in researching, developing, and improving educational sites, services, or applications. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDeDe-iIdentified Identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and applicable law and the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's ’s educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's ’s ability to use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to dispose of, return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDeDe-iIdentified Identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer, in each case other than any publications of De-Identified and aggregated Student Data that do not name the LEA directly or indirectly (including publications of summary statistics or other information). Prior to publishing any document that presents De-Identified Student Data and names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of such publication and the manner in which desuch De-identified data Identified Student Data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ LEA to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The prior sentence does not prohibit the Provider from transferring de-identified Student Data to contractors for the Provider’s research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The foregoing subpoint (b) in the preceding sentence does not prohibit Provider from transferring De-Identified Data to assist the Provider with its own research if the recipient agrees in writing not to attempt reidentification. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of a third party to reasonably identify the LEA, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented. Such approval cannot be unreasonably or untimely withheld by ▇▇▇.

De-Identified Data. Provider agrees not to attempt to re-identify dDeDe-iIdentified Identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and applicable law and the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's ’s educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's ’s ability to use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ LEA to dispose of, return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDeDe-iIdentified Identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer, in each case other than any publications of De-Identified and aggregated Student Data that do not name the LEA directly or indirectly (including publications of summary statistics or other information). Prior to publishing any document that presents De-Identified Student Data and names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of such publication and the manner in which desuch De-identified data Identified Student Data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDeDe-iIdentified Identified Student Data. De-Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ agrees not to transfer dDede-iIdentified identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The foregoing restrictions will not apply to a disclosure of Student Data by Provider in the event of a merger, sale, change of control, or other acquisition of or by Provider, as long as the successor or other entity continues to be subject to the DPA. Prior to publishing any document that names the LEA explicitly or indirectly or states anything (“indirectly” meaning, in a document that would allow for the identification of provides sufficient contextual details that the LEA’s identity is reasonably ascertainable), the Provider shall obtain the LEA’s written approval of the manner in which deDe-identified data Identified Data is presented.

De-Identified Data. Provider agrees not to attempt to re-identify dDeDe-iIdentified Identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: : (1) assisting the LEA or other governmental agencies in conducting research and other studies; and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDede-iIdentified identified Student Data to any party unless (a) that party agrees in writing not to attempt re- identification or (b) it is not possible to re-identification, identify the applicable data and (b) prior written notice has been given to the LEA who has provided prior written consent for such to transfer. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of the LEAindirectly, the Provider shall obtain the LEA’s written approval of the manner in which deDe-identified data Identified Data is presented. Restrictions on Provider’s use of Data set forth in this Agreement shall not apply to De-Identified Data. Restrictions on Provider’s use of Data set forth in this Agreement shall not apply to De-Identified Data.

De-Identified Data. Provider agrees not to attempt to re-identify dDede-iIdentified identified Student Data. De-De- Identified Data may be used by the Provider for those purposes allowed under FERPA and the following purposes: (1) assisting the LEA or other governmental agencies in conducting research and other studies; and and (2) research and development of the Provider's educational sites, services, or applications, and to demonstrate the effectiveness of the Services; and (3) for adaptive learning purpose and for customized student learning. Provider's use of De-Identified Data shall survive termination of this DPA or any request by ▇▇▇ LEA to return or destroy Student Data. Except for Subprocessors, ▇▇▇▇▇▇▇▇ Provider agrees not to transfer dDe-iIdentified de- identified Student Data to any party unless (a) that party agrees in writing not to attempt re-identification, and (b) prior written notice has been given to the LEA who has provided prior written consent for such transfer. The foregoing subpoint (b) in the preceding sentence does not prohibit Provider from transferring De-Identified Data to assist the Provider with its own research if the recipient agrees in writing not to attempt reidentification. Prior to publishing any document that names the LEA explicitly or indirectly or states anything that would allow for the identification of a third party to reasonably identify the LEA, the Provider shall obtain the LEA’s written approval of the manner in which de-identified data is presented. Such approval cannot be unreasonably or untimely withheld by LEA.