Return of Customer Data

Return of Customer Data

When working with a contractor who is expected to store and handle the data of a customer as part of the contracted services (e.g. a SaaS or cloud-service provider), the parties may clarify the process by which the contractor will return such data back to the customer at the end of the engagement.

As reflected in the following exemplars, the contractor has the obligation to keep the customer’s data available for retrieval by the customer for a specified period following completion of the services, after which period the contractor may dispose of the data:

Exemplar C62-1

During the Term, Customer may extract Customer Data from the SaaS Services at any time using Contractor’s standard web services. Upon request by Customer, at no cost for a maximum of thirty (30) days following the termination of an applicable Term, Contractor will make a file of the Customer Data then-currently stored in the SaaS Services available to Customer for download. After the thirty (30)-day period, Contractor shall have no obligation to maintain or provide any Customer Data and shall thereafter, unless legally prohibited, be entitled to delete all Customer Data from Contractor’s servers; provided, however, that Contractor will not be required to remove copies of the Customer Data from its backup servers until such time as the backup copies are scheduled to be overwritten in the normal course of business. In all cases Contractor will continue to protect the Customer Data in accordance with Section X (Confidentiality) for so long as the Customer Data remains on its backup servers.

Exemplar C62-2

Contractor shall make Customer Data available to Customer for download at a minimum for a period of 90 days from the effective date of termination of the respective Cloud Service. After such 90-day period, Contractor shall have no obligation to maintain or provide any Customer Data. Specific practices regarding return of Customer Data may vary depending on the Cloud Service and may be specified in more detail in Service Documentation.

Exemplar C62-3

In any event of termination of this Agreement by either Party: (a) All rights granted hereunder shall immediately expire and any and all use and/or exploitation by Customer and/or on its behalf of the Services, and any part thereof, shall immediately cease and expire; and (b) Contractor shall provide Customer access to its account, at no additional fees, for a period of ninety (90) days following notice of termination or expiration of the Agreement, so that Customer may export any stored data, and after a commercially reasonable period of time (as detailed in the Privacy Policy), Contractor may delete any stored data relating to Customer’s account.

Exemplar C62-4

Upon any expiration or termination of this Agreement or an Order Form: (a) Customer’s right to use and/ or distribute any software, Plugins, and/or Integrations related to the Services terminates immediately; (b) Customer’s right to access the Services ceases immediately; (c) Customer’s right to access any Customer Content in the applicable Service ceases immediately; and (d) Customer will promptly delete (or, at Contractor’s request, return) any and all copies of Documentation, passwords, or access codes, and any other Contractor Confidential Information in Customer’s possession, custody, or control. Prior to the end of the Subscription Term, Customer may self-export Customer Content and any downloadable materials using the available functionality in the Services, or if self-export is not available, Contractor will, on written request by Customer and within thirty (30) days of the date of termination, make available a copy of Customer Content in an industry standard format. Contractor will delete Customer Content thirty (30) days after the date of termination. If Contractor terminates this Agreement for cause, any payments for the remaining portion of the Subscription Term will become due and must be paid immediately by Customer.

Exemplar C62-5

Upon request by Customer, Service Provider shall provide records or other types of information beyond the termination date of the Agreement according to the Customer record retention policy. Customer may request Service Provider to provide information or records during and after termination period and end date that may require format or file changes to match industry standard file storage hardware.

Exemplar C62-6

Upon expiry or termination of the Agreement, Licensor shall in accordance with the terms of the Agreement and Contractor’s instructions, either (i) return to Contractor or all personal data controlled by Contractor and all of Contractor’s media under Licensor's power of disposal and any copies or reproductions thereof; or (ii) erase and/or destroy such personal data and media and confirm the erasure and/or destruction to Contractor in writing.