2.3.13. MSLC_Personal Data Certification.doc

CERTIFICATION OF COMPLIANCE CONCERNING

PERSONAL INFORMATION AND PERSONAL DATA

For all contracts involving the Contractor’s access to personal information, as defined in M.G.L. c. 93H (as may be amended), and personal data, as defined by M.G.L. c. 66A (as may be amended), or access to the Massachusetts State Lottery Commission’s (“MSLC”) systems containing such information or data, the Contractor certifies that, notwithstanding any contractual provision to the contrary in connection with the Contractor’s performance under this Contract, the Contractor shall:

1. comply with the pertinent MSLC security guidelines, standards and policies;

2. communicate and enforce the MSLC’s security policies and protocols against all employees (whether such employees are direct or contracted) and subcontractors;

3. implement and maintain any other reasonable appropriate security procedures and practices necessary to protect personal information to which the Contractor is given access by the MSLC from unauthorized access, destruction, use, modification, disclosure or loss;

4. be responsible for the full or partial breach of any of these terms by its employees (whether such employees are direct or contracted) or subcontractors during or after the term of this Contract, and any breach of these terms may be regarded as a material breach of this contract;

5. in the event of any unauthorized access, destruction, use, modification, disclosure or loss of the personal information (collectively referred to as the “unauthorized use”): (a) immediately notify the MSLC if the Contractor becomes aware of the unauthorized use; (b) provide full cooperation and access to information necessary for the MSLC to determine the scope of the unauthorized use; and (c) provide full cooperation and access to information necessary for the MSLC and the Contractor to fulfill any notification requirements.

Breach of these terms may be regarded as a material breach of this Contract, such that the Commonwealth may exercise any and all contractual rights and remedies, including without limitation, indemnification under Section 11 of the Commonwealth’s terms and Conditions, withholding of payments, contract suspension, or termination. In addition, the Contractor may be subject to applicable statutory or regulatory penalties, including and without limitation, those imposed pursuant to M.G.L. c. 93H and under M.G.L. c. 214, § 3B for violations under M.G.L. c. 66A.

Bidder/Contractor Name:

Bidder/Contractor Authorized Signature:

Print Name and Title of Authorized Signatory:

Date: