Some Emergency Notification vendors apparently refuse to provide the registration data they’ve collected from the public. We think that’s just wrong, since the public registered for a service offered by the community. The vendor is just a means to that end.
If you want to maintain access to this data so you have the freedom to switch vendors when you want (and we think you should), below we offer some contract language you may want to include in your agreement with that vendor. It specifies that the vendor must transfer the registration data to the successor vendor you switch to.
We’ve tried to address any objections you might hear from them, such as security, liability, etc. Let us know if you hear any objections we haven’t covered.
Caveat – We are not lawyers and this isn’t legal advice, so you may want to get this reviewed by your attorney.
Transfer of Registration Data
Notwithstanding anything to the contrary, if Customer/Licensee/Client terminates this Agreement and contracts with an alternative service provider (“Alternate Service Provider”), Company/Licensor/Vendor agrees to transfer to Alternate Service Provider all data collected from members of the general public, including, but not limited to, names, addresses, telephone numbers, email addresses and other contact information (“Registration Data”) collected by Company/Licensor/Vendor during the term of this Agreement, subject to the following conditions:
- Customer/Licensee/Client notifies and requests transfer by Company/Licensor/Vendor within 90 days of the termination of this Agreement;
- Customer/Licensee/Client verifies and certifies to Company/Licensor/Vendor that the data security measures in use by Alternative Service Provider are reasonable and sufficient for the security of the Registration Data;
- Customer/Licensee/Client indemnifies and holds harmless Company/Licensor/Vendor for any use or misuse of the Registration Data by Alternative Service Provider;
- Company/Licensor/Vendor transfers such data within 60 days of notice by Customer/Licensee/Client;
- Formats of the data shall in CVS, XML or other similarly accepted and non-proprietary data formats generally used for data transfers. If data is encrypted, it will be encrypted with a publicly-available technology and all needed documentation for its decryption will be provided to Alternate Service Provider. Transmission will be via FTP or standard CD or DVD disks.
- Failure of Company/Licensor/Vendor to comply with this provision will result in a payment by Company/Licensor/Vendor to Customer/Licensee/Client of $3 per Registration Data record as liquidated damages.