Aggregated Data

Aggregated Data

If a service provider is required to handle and process client data in connection with performing its services, it is not uncommon for the provider to request the right to analyze and use data relating to a client’s use of such services, ostensibly to improve the provider’s ability to provide its services for the benefit of the client and other customers.

As illustrated in the following exemplars, the right to collect service-use data (if granted) should be subject to certain conditions and limitations, including clarifying that such right does not include the right to access and use the client’s data per se (except as prescribed in the service agreement to provide the service) and cannot be used to identify the client or any of its users:

Exemplar C4-1

Contractor (and/or its contractors) may collect aggregated, anonymous, statistical data and information about devices and usage activity provided such data and information does NOT contain any information specifically identifiable to any individual (“Aggregated Anonymous Data”), and Contractor (and/or its contractors) may use, store, analyze, and disclose such Aggregate Anonymous Data. For clarity, Aggregate Anonymous Data shall only include aggregated data or information which is specifically NOT identifiable to any individual. Customer understands and agrees that such Aggregate Anonymous Data shall be owned by Contractor.

Exemplar C4-2

Contractor may use certain Customer Information provided by Customer in the Application Software related to Customer’s leases or Customer-owned properties and occupancy data for the purposes of creating and publishing aggregated benchmark reports, trends, indices or similar services and related analyses; provided, however, that such Customer Information is only in aggregated and anonymized form and does not divulge any business or individual names, property addresses or other personally identifying information.

Exemplar C4-3

Customer grants Contractor the right to compile, collect, copy, modify, publish and use anonymous data in aggregate form that is generated from, or based upon, Customer’s use of the Services (“Aggregate Data”), on condition that: (i) Aggregate Data does not include Customer Data or Customer Confidential Information (as defined herein); (ii) Aggregate Data does not include any information that can be used directly, or in connection with other data, to identify, contact or locate an individual; (iii) Aggregate Data is combined with data from other customers and cannot be used to identify, directly or indirectly, Customer; and (iv) Contractor uses Aggregate Data solely for data analytics, statistical reporting, or other lawful business purposes.

Exemplar C4-4

Customer acknowledges that Contractor may collect aggregated and anonymized statistics about Customer’s use of the Services (“Aggregated Data”) to improve the Services. Such Aggregated Data may be derived from Customer Content, but will not contain any Customer Content, Customer Confidential Information, personal data or personally identifiable information, or any data that can be used to identify Customer or any individuals (including Authorized Users). Contractor may create, reproduce, publicize, or otherwise use such Aggregated Data for internal business purposes only (including development of the Services) and will not sell such Aggregated Data.

Exemplar C4-5

Subject to the terms and conditions set forth in this Agreement, Customer also grants Contractor a perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide right and license to collect, use, analyze, store, reproduce, disclose, distribute, modify, create derivative works of and otherwise exploit without restriction all Use Data, including for the purpose of research and analysis and to develop, enhance, improve or provide any current or future products or services of Contractor or its affiliates provided that Contractor does not disclose Use Data in a manner that identifies Customer or its Users except if Contractor is required to do so by court order or applicable law.

Exemplar C4-6

Contractor may retain and use Client Information in anonymized and aggregated form only for benchmarking, analytics, research and development, thought leadership and related purposes, and to enhance their services, provided that any use does not externally identify or make reference to, Client and does not include identifying, contacting, or locating any individual. In all such matters, Contractor will comply with applicable law and professional obligations.