USE OF CONFIDENTIAL DATA. Governmental Unit shall not: a. Sell the Confidential Data; except that this prohibition does not apply to the purchase, merger, or other type of acquisition of Governmental Unit, or any assets of Governmental Unit, by another entity, so long as the successor entity continues to be subject to the provisions of C.R.S. § 22- 16-101 et seq. with respect to the Confidential Data that Governmental Unit acquired while subject to the provisions of C.R.S. § ▇▇-▇▇-▇▇▇ et seq.; b. Use or share Confidential Data for purposes of targeted advertising to students; or c. Use Confidential Data to create a personal profile of a student other than for supporting purposes authorized by the School District or with the consent of the student or the student's parent. Notwithstanding any provision of C.R.S. § ▇▇-▇▇-▇▇▇ et seq. to the contrary, Governmental Unit may use or disclose Confidential Data to: a. Ensure legal or regulatory compliance or to take precautions against liability; b. Respond to or participate in the judicial process; c. Protect the safety of users or others on Governmental Unit’s website, online service, online application, or mobile application; or d. Investigate a matter related to public safety. If Governmental Unit uses or discloses Confidential Data as allowed above, Governmental Unit shall notify the School District as soon as possible after the use or disclosure of the information. Governmental Unit may use or disclose Confidential Data to a subcontractor only if Governmental Unit contractually requires the subcontractor to comply with C.R.S. § ▇▇-▇▇-▇▇▇ and following. The provisions of this paragraph apply to the ability of an initial or subsequent subcontractor to further subcontract. If the School District determines that an initial or subsequent subcontractor has committed a material breach of this Agreement that involves the misuse or unauthorized release of Confidential Data, the School District shall comply with the requirements of section 22-16-105(5) (a) or ▇▇-▇▇-▇▇▇ (2) (a), as applicable; except that the School District is not required to consider terminating this Agreement if Governmental Unit terminates this Agreement with the subcontractor as soon as possible after Governmental Unit knows or has reason to know of the initial or subsequent subcontractor's material breach. A student may consent to the use, sharing, or retention of the student's Confidential Data only if the student is at least eighteen years of age or legally emancipated.
Appears in 3 contracts
Sources: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement