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9 <br />Appendix C <br />Data Retention Policy <br /> <br />1) Data Retention Policy <br />a) Introduction <br />i) It shall be the policy of Smart Energy Water to maintain complete and accurate records for the usage, billing, behavior, or any of the specified <br />types of data (“Data”) of Client and its Users, for the duration described for historical reference, contractual or legal requirements, or for any <br />other purposes as set forth in this Data Retention Policy (“Policy”). The types of Data stored and subsequent durations for each type, <br />described in the Retention Summary set forth in Section 1(h) below, shall be the recommended and standard retention periods based on <br />legal requirements and practical considerations. In the event that Client wishes to have such Data retained for an extended period, such <br />additional retention periods shall be agreed upon in a separate writing. <br />ii) Data Retention shall include, but is not limited to, paper and electronic records, documentary materials, Customer Data, personally <br />identifiable information, billing records, usage information, etc. Such information shall be managed and maintained in a manner that protects <br />the integrity of the Data, while ensuring appropriate access for the durations described above. <br />iii) Upon expiration of the above retention periods, such data shall be destroyed, deleted, returned or oth erwise disposed of according to <br />standard industry guidelines and in compliance with legal requirements, EXCEPT for those records pertaining to (1) matters un der <br />investigation or those matters that are the subject of any claim or litigation, and (2) matters that are anticipated to be the subject of reasonably <br />foreseeable investigation, claim, or litigation. <br />b) Definitions <br />i) “Audit Logs” shall refer to recordings of key system events, timestamps, and other records that otherwise maintain evidence of any <br />processes or activities. <br />ii) “Billing Data” shall refer to any information regarding the billing information of customers, which may include, but is not limited to, cr edit <br />card information, security codes, expiration dates, billing addresses, names of customers, etc. <br />iii) “Billing Summaries” shall refer to any information regarding the costs or charges relating to a customer’s usage of utilities maintained over <br />monthly billing periods. <br />iv) “Customer Data” shall refer to any personally identifiable information of a Client’s users, which may include, but is not limited to, name, <br />address, personal Usage information, etc. <br />v) “Investigation” shall refer to any business or legal process which requires the retention, examination, or review of any Data. <br />vi) “Notifications” shall refer to logs of the information events (email, IVR, SMS text messaging) sent by a utility and received by a customer. <br />vii) “Outages” shall refer to logs of outage events reported via OMS to the Services, by either the customer, if approved, or the Client. <br />viii) “Retention” shall refer to storage of Data on either local, cloud-based, or archive storage or servers. <br />ix) “Usage” shall refer to any customer’s use of a utility as tracked and maintained by the Services. <br />x) “User Behavior” shall refer to the interaction of Client’s customers on the portal or mobile application, which may include, but is not limited <br />to, log-on periods, active periods, interactions with particular modules, clicks, etc. <br />c) General <br />i) SEW shall be bound in its obligations regarding the Data it processes and controls. These obligations shall include how long SEW retains <br />Data, and when and how SEW can destroy such Data. These obligations may arise from industry standards, local laws or regulations, or <br />arising out of agreements between the Parties. <br />ii) SEW shall ensure that necessary records, documents, or Data are adequately protected and maintained, and additionally, that such records, <br />documents, or Data are properly disposed of. <br />iii) SEW shall not use Client or Customer Data except as necessary to provide the Services, or as necessary to comply with the law or binding <br />order of a governmental body. <br />d) Cloud-Based Storage <br />i) In maintaining the Data, SEW shall utilize its cloud-based scalable storage solutions which shall allow Client to store and display historical <br />usage data, billing information, payment history, etc. SEW shall utilize industry standard methodologies, which shall ensure business <br />continuity, continuous retention for the periods described, data recovery, and availability for its Users. <br />e) Archiving and Backups <br />i) SEW shall utilize similar industry standard solutions for archiving, restoring, and backing up Data. Incremental Data (daily usage, user <br />behavior, notifications, outages) shall be recorded nightly, and full Data backups shall be executed over the weekend. Data s hall be retained <br />in both Cloud-based local storage form, as well as Array-based replication form offsite to be utilized as back-ups or archives in the event of <br />system failure of the local Cloud-based storage. <br />ii) SEW shall be notified via email confirmation of backups of Data being saved successfully or such backups failing to be saved. Backups <br />shall be tested periodically by restoring such Data to a staging database to ensure that Data is not corrupted and are in proper usage <br />compliance in its application configuration. <br />f) Destruction and Purging of Data <br />i) Data that is personal or confidential in nature shall be disposed of according methodologies agreed upon by and between the parties in a <br />signed writing. <br />ii) Electronic Data shall be subject to secure electronic deletion. <br />iii) Physical or paper documents shall be shredded using secure consoles through which waste shall be properly screened for disposal. <br />iv) Specific deletion or destruction processes shall be carried out by an employee of SEW or by an internal or external service provider employed <br />for the purposes of such proper and compliant disposal of Data. <br />v) Data of Users or Clients who have been inactive for a period of twenty-four (24) months shall be deleted. Clients, if such Client or User <br />account(s) are inactive for a period of eighteen (18) months, shall be notified of such inactivity via email. <br />g) Litigation or Investigation <br />i) In the event that SEW becomes involved in any unforeseen litigation or business event that requires access to Client and Cust omer Data, <br />such Data may need to be archived beyond its active use or as required by law. <br />ii) Documents shall be retained in the event that they are subject to matters under investigation or those that are subject to any claim or <br />litigation, or those matters that are anticipated to be the subject of reasonably foreseeable investigation, claim, or litigation. <br />iii) Prior to the disclosure of any Client and Customer Data, SEW shall first disclose to Client of such requirement, so that Client may inform its <br />users and allow users the opportunity to seek protection from such disclosure. <br />h) Retention Summary <br />i) SEW, for the purposes of historical reference, contractual or legal requirements, or other requirements as a part of its delivery and <br />maintenance of Services or Software to Client, shall retain the following types of Data for the durations set forth, and pursuant to the terms <br />set forth in this Data Retention Policy. <br />Data Type Description Duration <br />EXHIBIT A <br />DocuSign Envelope ID: 6EE86165-D6F1-4646-9E79-5B5C46F230E7Docusign Envelope ID: 8554268A-3B16-47CD-A583-5329ACD47579