DOCUMENT RETENTION POLICY (FOR DOCUMENT CREATION, RETENTION AND DESTRUCTION)This Document Retention Policy covers how to require an organization's documents to be retained, and explains the document officer, index, security policy, shadow data, document formats, document creation, purge process, document creation, document destruction, administrative documents, personnel documents, business documents, insurance documents, finance documents, regulatory documents, securities documents, permanent documents, required to be retained by law documents, permanent documents, legal and related documents, dispute documents, trade secret documents and general provisions for a document retention policy. |
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This Document Creation, Retention and Destruction Policy ("Policy") is made as of March 11, 2010 (the "Effective Date") and applies to , an individual with an address at , , .
1. GENERAL. The purpose of this Policy is to assure that all Documents are created, retained, and destroyed in compliance with the respective needs of Party-1.
2. DEFINITIONS.
(a) "Document"
means all materials specified in Section VI (Document Categories) in
all formats and on all media specified in Section III (Document
Formats).
(b) "Document Officer"
means the individual designated by Party-1 to perform the duties
specified in this Policy and to periodically review this Policy for
updates as required by applicable laws, regulations, rules, rulings,
and orders as well as the needs of Party-1.
(c) "Index"
means the master listing and retrievable archive system of the title,
date of creation, code (if any), storage location (electronic and/or
physical), and Security Policy restrictions.
(d) "Purge(d)" means the permanent and irretrievable destruction and/or deletion of a Document.
(e) "Security Policy" means Party-1's policy for the coding, storage, restricted access, and environmental factors for the Documents.
(f) "Shadow Data"
means Documents or portions of Documents that may be Purged but still
exist, including, without limitation, Documents or portions of
Documents residing in: (1) damaged software, hardware and other media;
and (2) computers after being tagged for deletion but have not yet been
Purged.
3. DOCUMENT FORMATS.
Documents may exist in and on a wide variety of formats and media,
including, but not limited to, electronic mail, facsimiles, paper,
voice mail, electronic bulletin boards, electronic versions and copies,
archival tapes, magnetic tapes, back-up tapes, local computer hard
drives, network servers, operating systems, data file and system user
logs, floppy disks, cd-roms, cd-recordables, cd-rewritables, digitized
images, diagrams and designs, motion pictures, audio files and
recordings, and databases, and other formats and media. Any references
to Documents that are subject to this Policy include all Documents that
may exist in and on all of the above formats and media, including Shadow Data.
4. DOCUMENT CREATION.
All Documents must fully comply with the Security Policy and be listed
in the Index pursuant to the directions of the Document Officer.
5. PURGE PROCESS. The Document Officer shall perform or delegate the performance of all Purge processes required by this Policy.
6. DOCUMENT CATEGORIES, RETENTION, AND DESTRUCTION.
(a) Administrative Documents.
(i) Personnel Documents.
a. Type of Documents. Employee records, expense reports, time reports,
vacation and sick leave documents, discipline and evaluation reports,
job postings, employment and recruitment correspondence.
b. Purge Schedule. All personnel Documents shall be Purged on a rolling TEXTFIELD [QR-237] day basis.
(ii) Business Documents.
a. Type of Documents. Agendas, day files, calendars, term sheets, budgets,
inventory records, annual reports, committee minutes, insurance
policies (expired) and related correspondence.
b. Purge Schedule. All business Documents shall be Purged on a rolling TEXTFIELD [QR-244] day basis.
(iii) Insurance Documents.
a. Type of Documents. Insurance policies (in effect), claims, and related correspondence.
b. Purge Schedule. All insurance Documents shall be Purged on a rolling TEXTFIELD [QR-245] day basis.
(iv) Finance Documents.
a. Type of Documents. Accounts receivable and payable Documents, sales
summaries, invoices, expenditure of funds Documents, purchase orders,
payroll data, and bank statements and deposit books.
b. Purge Schedule. All finance Documents shall be Purged on a rolling TEXTFIELD [QR-246] day basis.
(b) Regulatory Record Retention.
(i) Securities Documents.
a. Type of Documents. Securities filings and reports.
b. Purge Schedule. All securities Documents shall be Purged TEXTFIELD [QR-247] days
after the end of the retention period, which is the following time period after a securities Document is created: TEXTFIELD [QR-238].
(ii) Other Regulatory Documents.
a. Type of Documents. All Documents described as follows: TEXTFIELD [QR-240].
b. Purge Schedule. All other Regulatory Documents shall be Purged TEXTFIELD [QR-248] days after the end of the applicable retention period described directly above.
(iii) Other Documents Required to Be Retained by Law.
a. Type of Documents. All other Documents described as follows: TEXTFIELD [QR-241].
b. Purge Schedule. All of these Documents required to be retained by law shall be Purged TEXTFIELD [QR-249] days
after the end of the applicable retention period described directly above.
(c) Permanent Record Retention.
(i) Legal and Related Documents.
a. Type of Documents. Contracts, deeds, employment plan Documents (e.g.,
health and 401(k)), building permits and filings, by-laws, board of
directors minutes, incorporation charter, electronic signatures, tax
returns and filings, audited financial statements, amendments and
correspondence related to the foregoing.
b. Purge Schedule. All duplicates of legal and related Documents shall be Purged on a rolling TEXTFIELD [QR-250] day basis.
(ii) Other Permanent Documents.
a. Type of Documents. All Documents described as follows: TEXTFIELD [QR-242].
b. Purge Schedule. All duplicates of other permanent Documents shall be Purged on a rolling TEXTFIELD [QR-251] day basis.
(d) Dispute Documents.
(i) Type of Documents.
All Documents (collectively, "Dispute Documents") subject or relevant
to a discovery request, subpoena, repeated or significant and
non-frivolous complaints, and any other Documents that are reasonably
subject or relevant to any of the foregoing based on actual or
reasonably anticipated litigation or other proceedings (collectively,
"Dispute Trigger Events").
(ii) Schedule.
The Document Officer shall review and determine whether any Dispute
Documents may exist: (1) on a monthly [QR-252] basis; and (2) after every
Dispute Trigger Event. Upon each Dispute Trigger Event, the Document
Officer shall give written notice to all Party-1 personnel charged with
Purging any Dispute Documents that the Purge schedule for such Dispute
Documents is suspended and such Dispute Documents must not be Purged.
(e) Trade Secrets.
(i) Type of Documents. All Documents containing any information that might reveal Party-1's proprietary trade secrets ("Trade Secret Documents").
(ii) Purge Schedule.
All Trade Secret Documents shall be reviewed by the Document Officer on a monthly [QR-253] basis, designated as Trade Secret Documents and retained in
accordance with Party-1's Security Policy, and shall only be Purged
at the direction of the Document Officer.
(f) Additional Documents.
(i) Type of Documents. All Documents described as follows: TEXTFIELD [QR-243].
(g) Unspecified Documents. All Documents not specified in this Policy must be Purged TEXTFIELD [QR-255] after the date of creation.
ACKNOWLEDGED:
PARTY-1
By: __________________________________
Print Name: ___________________________
Title: _________________________________
Date: ________________________________