Data Privacy & Breach Notification Contract Language (PCI)
All contracts entered into by Middlebury College, including payment card data, must contain the following language:
Middlebury requires that [service provider] shall at all times maintain compliance with the most current Payment Card Industry Data Security Standards (PCI DSS). As evidence of compliance, [Service provider] will provide when requested, a current Attestation of Compliance. [Service provider] acknowledges responsibility for the security of cardholder data, to the extent that they could impact the security of the customer's cardholder data, as defined within PCI DSS. [Service provider] acknowledges and agrees that cardholder data may only be used for completing the contracted services as described in the full text of this document, or as required by the PCI DSS, or as required by applicable law.
In the event of a breach or intrusion or otherwise unauthorized access to cardholder data stored at or for [service provider], [service provider] shall immediately notify Middlebury's Office of the VP for Administration and Treasurer to allow the proper PCI DSS compliant breach notification process to commence. [Service provider] shall provide appropriate payment card companies, acquiring financial institutions and their respective designees access to the [Service provider]'s facilities and all pertinent records to conduct a review of the [service provider]'s compliance with the PCI DSS requirements.
In the event of a breach or intrusion [service provider] acknowledges any/all costs related to breach or intrusion or unauthorized access to cardholder data entrusted to [service provider] deemed to be the fault of [service provider] shall be the liability of [service provider]. [Service provider] agrees to assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless Middlebury and its officers and employees from and against any claims, damages or other harm related to such breach.