This section is intended to provide example language to include in program documentation for participants to provide clarity on the use of data being collected. The example documentation was adapted from program documentation for the PON 4743 from the New York State Energy Research and Development Authority.
Below are terms that are specific to the program.
- [DELIVERABLE]: These includes report or other deliverables related to the program.
- [ENTITY]: This is intended to be the public or private entity that is administering the program.
- [STATEMENT OF WORK]: The main statement of work for program.
The below text is available in binary format for use in word processing applications here: example-program-language.odt
Contract Information : Recorded information regardless of form or characteristic first produced in the performance of this Agreement, that is specified to be compiled under this Agreement, specified to be delivered under this Agreement, or that is actually delivered in connection with this Agreement, and including the [DELIVERABLE] delivered by Contractor pursuant to [STATEMENT OF WORK], if applicable.
Proprietary Information : Recorded information regardless of form or characteristic, produced or developed outside the scope of this Agreement and without [ENTITY] financial support, provided that such information is not generally known or available from other sources without obligation concerning their confidentiality; has not been made available by the owner to others without obligation concerning its confidentiality; and is not already available to [ENTITY] without obligation concerning its confidentiality. Under no circumstances shall any information included in the [DELIVERABLE] delivered by Contractor pursuant to [STATEMENT OF WORK], if applicable, be considered Proprietary Information.
[ENTITY] shall have the right to use, duplicate, or disclose Contract Information, in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so.
The Contractor shall have the right to use Contract Information for its private purposes, subject to the provisions of this Agreement.
[ENTITY] shall have no rights to any Proprietary Information.
No information shall be treated by [ENTITY] as confidential unless such information is clearly so marked by Contractor at the time it is disclosed to [ENTITY]. Under no circumstances shall any information included in the [DELIVERABLE] delivered by Contractor pursuant to [STATEMENT OF WORK] be considered confidential or Proprietary Information.
The Contractor agrees that to the extent it receives or is given any information from [ENTITY] or a [ENTITY] contractor or subcontractor, the Contractor shall treat such data in accordance with any restrictive legend contained thereon or instructions given by [ENTITY], unless another use is specifically authorized by prior written approval of the [ENTITY] Project Manager. Contractor acknowledges that in the performance of the [STATEMENT OF WORK] under this Agreement, Contractor may come into possession of personal information. Contractor agrees not to disclose any such information without the consent of [ENTITY].
In conjunction with Contractor's performance of the [STATEMENT OF WORK], [ENTITY] or other entities may furnish Contractor with information concerning the [STATEMENT OF WORK] that is collected and stored by, or on behalf of, [ENTITY] (the "Information").
Any non-public, confidential, or proprietary Information will be kept confidential and will not, without [ENTITY]'s prior written consent, be disclosed by Contractor, Contractor's agents, employees, contractors or professional advisors, in any manner whatsoever, in whole or in part, and will not be used by Contractor, Contractor's agents, employees, contractors or professional advisors other than in connection with the [STATEMENT OF WORK]. Contractor agrees to transmit the Information only to Contractor's agents, employees, contractors and professional advisors who need to know the Information for that purpose and who are informed by Contractor of the confidential nature of the Information and who will agree in writing to be bound by the terms and conditions of this Agreement.
Contractor will keep a record of the location of the Information. At the conclusion of the Project Period, Contractor will return to [ENTITY] all the Information and/or provide proof to [ENTITY] that the Information was destroyed. Contractor also agrees to submit to an audit of its data security/destruction practices by [ENTITY] or its representative during the contract term and for up to two (2) years following the expiration of the Agreement.
If, in the course of performance of the Agreement, Contractor or Subcontractors (if any) encounter any information in [ENTITY] database platforms that a reasonable person would identify as unrelated to the Agreement or otherwise inadvertently produced to Contractor or Subcontractors, Contractor shall notify [ENTITY] immediately and neither Contractor nor Subcontractor shall use such inadvertently produced information for its own use. Any Contractor access to [ENTITY] information shall be used solely for [ENTITY]-related matters.