Data sharing agreement for submission of data to Elevate Washington

This Data Sharing Agreement (the “Agreement”) contains the terms and conditions that govern the data you submit to Elevate Washington and is entered into by and between (1) the entity or organization whose data is being submitted (“you” or “your”) and (2) School’s Out Washington (“SOWA”), the owner and manager of Elevate Washington (collectively, the “Parties”).  This Agreement takes effect when you click the “Submit” button or otherwise submit data to Elevate Washington (“Effective Date”).  The person submitting the data affirms that the person is lawfully able to enter into contracts and has the authority to do so on behalf of the entity whose data is being submitted.

1. Data Submission
You affirm that you are authorized to submit the data to Elevate Washington and that doing so does not violate the rights of any third parties. You further affirm that no data you are submitting is “Personally Identifiable Information” (“PII”) as that term is used in FERPA, 20 U.S.C. Sec. 1232g, and 34 C.F.R. § 99.3.  To the extent any data submitted is PII, you represent that you are authorized to submit the data to SOWA under FERPA and any other applicable laws and regulations.  SOWA agrees not to disclose any PII you submit to any other party except in aggregate form as described in Section 2 below.

2. Use and Ownership of Data.
Elevate Washington is a community resource that provides a directory of Organizations, Sites, and Programs (as those terms are used by Elevate Washington) serving youth in Washington State and collects, analyzes, and reports related aggregate data.  These data are used to provide critical insights that help providers build and improve programs that help youth develop lifelong skills and improve academic performance.  

  • 2.1 By submitting data to Elevate Washington, you agree that SOWA may access, view, analyze, modify, and otherwise use the data for its internal use. You further agree that SOWA may distribute, reproduce, display, present, publish, or otherwise share your data in aggregate form. This could include, but is not limited to, sharing aggregate data with partners and funders of SOWA or Elevate Washington; reproducing aggregate data comparing your program and other programs that have submitted data to Elevate Washington; and publishing aggregate data of youth served by your program in reports and presentations provided to public entities, policy makers, community based organizations, and the community at large. In all cases, data shared with third parties will be aggregated and will maintain the confidentiality of your organization and any other individual program.
  • 2.2 You agree that any information you so designate will be displayed on the publicly available and searchable Elevate Washington youth program directory.
  • 2.3 You understand that this Agreement and your submission of data does not convey ownership of the data to SOWA. However, you agree that SOWA retains all right, title, and interest, including all intellectual property rights, in and to compilations of data, research, analysis, and other protectable works created by SOWA, regardless of whether such compilations of data, research, analysis, or other works rely on or otherwise incorporate data submitted by you.
  • 2.4 You may request to have your data modified or deleted by contacting Elevate Washington through any of the following means. Send an email to info@elevatewashinton.org or write to: Elevate Washington, 801 23rd Ave S, Suite A Seattle, WA 98144
  • 2.5 SOWA may modify your data pursuant to your reasonable request to update or change any data so long as such modifications are true, current, and correct, or if such data is incorrect or in violation of this Agreement, any third party’s intellectual property, or any applicable laws or regulations.
  • 2.6 Nothing in this Agreement may be construed to allow any Party to maintain, use, disclose, or share data in a manner not allowed under federal or state law or regulation. The Parties shall strictly comply with all federal and state laws that apply to the use and release of data. To the extent you submit FERPA-protected PII, the Parties agree to strictly comply with all federal and state laws that apply to the use and release of PII, including but not limited to FERPA and its regulations, set forth at 34 C.F.R. § 99. This specifically includes, but is not limited to, the re-disclosure limitations set forth in FERPA in 34 C.F.R. § 99.33.

3. Data Security
SOWA is committed to protecting the security of your data in its possession. SOWA takes reasonable security measures to safeguard all data submitted online, including the use of a secure server to host data. Although SOWA has safeguards in place to prevent unauthorized access, use, or disclosure of your data in its possession, SOWA cannot guarantee that your data will be secure. Should a data breach involving your non-public data occur, SOWA will notify you.

4. Revisions
SOWA reserves the right to change this Agreement in its discretion, including to make changes that will retroactively apply to data that SOWA already has collected. The applicable terms of this Agreement shall be the terms in the version you last agreed to when submitting data.

5. Term of Agreement
This Agreement shall commence on the Effective Date and will remain in effect until terminated under the provisions of this Section. Any Party may give 30-days written notification of termination of its participation in this Agreement to the other Party at any time and for any reason. All provisions of the Agreement that, by their nature, should survive termination (whether by expiration of the Term of Agreement or as provided in this Agreement) shall survive termination, including, without limitation, provisions on use and ownership of data, data security, and indemnification.

6. Payment
No payments will be made under this Agreement by any Party, unless otherwise provided for by separate contract.

7. Indemnification

  • 7.1. Right to Indemnification. To the extent permitted by law, you agree to indemnify, defend, and hold harmless SOWA from and against, and to reimburse SOWA with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (“Indemnifiable Amounts”) of every nature whatsoever incurred by SOWA by reason of, arising out of, or in connection with your provision of any data to SOWA, any breach or default in the performance of any obligation on your part to be performed under the terms of this Agreement, or any actual or alleged negligent act or omission or willful misconduct with respect to your performance under the terms of this Agreement, including those of any of your officers, agents, employees, or contractors (“Indemnifiable Events”). The requirements of this subsection shall survive the expiration or earlier termination of this Agreement.
  • 7.2. Procedure. With respect to any claims or demands by third parties that relate to Indemnifiable Events and/or Amounts, whenever SOWA shall have received written notice that such a claim or demand has been asserted or threatened, it shall deliver notice to you of such claim or demand and of facts within SOWA’s knowledge that relate thereto within the earlier of: (1) 15 days after receiving written notice of the claim or demand; or (2) with respect to arbitration, litigation, or similar proceedings, not less than 10 days before the initial date by which the SOWA would be required to file its first substantive response to such action. You shall then have the right and the obligation to contest, defend, negotiate, or settle any such claim or demand through counsel of your own selection, solely at your own cost, risk, and expense.

8. Assurances
The Parties agree that all activity pursuant to this Agreement shall be in accordance with this Agreement and all applicable current or future federal, state, and local laws, and all applicable rules and regulations.

9. Assignment
No Party shall assign its rights or responsibilities under this Agreement, unless it receives written permission from the other Party.
Entire Agreement. This Agreement constitutes the entire agreement among the Parties with respect to the subject matter in this Agreement and supersedes any prior agreement or understanding among the Parties with respect to such subject matter.

10. Headings
The heading sections in this Agreement are for convenience of reference only, and shall not be deemed to alter or affect the meaning or interpretation of any provisions of this Agreement.

11. Construction
This Agreement shall be governed, construed and enforced according to the laws of the State of Washington without regard to any otherwise governing principals of conflicts of laws. This Agreement shall be construed neutrally and not in favor or against any Party.

12. Venue
Any action under this Agreement shall be brought in the Superior Court of the State of Washington in and for King County

13. Severability
If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will not be affected, but continue in full force.

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