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Policy with Respect to Disaster Recovery Facilities

This document describes OPRA's policies with respect to a disaster recovery facility ("DR facility") maintained by an OPRA Vendor or Professional Subscriber.

A Vendor or Professional Subscriber that operates a DR facility at which it needs to have access to OPRA data should be certain that its agreements with OPRA accommodate the DR facility. In practice, this means that: (i) a Vendor should be certain that Exhibit A to its Vendor Agreement describes the DR facility; (ii) a Professional Subscriber that is an "internal distributor"¹ should be certain that Exhibit A to its Indirect (Vendor Pass-through) Circuit Connection Rider or its Direct Circuit Connection Rider describes its DR facility; and (iii) a Professional Subscriber that is not an internal distributor should be certain that its Vendor is entitling devices at its DR facility as it wishes them to be entitled.

If a Vendor or Professional Subscriber operates multiple sites that act as "hot" back-up sites for each other, OPRA will consider the sites not to be DR facilities and they will be fee-liable in accordance with OPRA's ordinary policies.

(a) Fees for a Vendor. If a Vendor is operating a DR facility and uses OPRA data at the site for purposes solely associated with operating the DR facility in furtherance of the Vendor's activities as a Vendor, OPRA does not charge fees specifically for the DR facility, with one exception: If the Vendor has a live direct circuit connection at the DR facility, OPRA's Direct Access Fee is applicable.²

(b) Fees for Professional Subscribers. If a Professional Subscriber is operating a DR facility and has devices that are enabled to receive current OPRA data at the facility even when the site is not in actual use, OPRA's standard Device-Based Fees will be applicable. If devices at the site are not enabled to receive current OPRA data when the site is inactive, these fees will not be applicable. (OPRA would not consider a device to be subject to fees if the device is temporarily enabled for current OPRA data solely for testing purposes.) If the Professional Subscriber has a live direct circuit connection at the DR facility, OPRA's Direct Access Fee will be applicable.

If devices at a DR facility are enabled to receive current OPRA data during an emergency, those devices will become fee-liable. However, offsetting credits for devices that are unable to receive current OPRA data at the affected primary site will be extended as reasonably demonstrated by the Professional Subscriber to be appropriate in the circumstances.³


¹ The term "internal distributor" refers to a Professional Subscriber that has the independent ability to entitle access to OPRA data by its employees.

² If a Vendor is using OPRA data for purposes other than in connection with its activities as a Vendor, the Vendor must also be an OPRA Professional Subscriber, and paragraph (b) of this Policy is also applicable.

³ Many Professional Subscribers count "User IDs" that are enabled to receive OPRA information as a surrogate for counting "devices," and pay Device-based Fees on the basis of "User IDs" rather than "devices." (See OPRA's "Policies with respect to Device-based Fees" for more information about counting User IDs instead of devices.) A disaster would probably not affect a Professional Subscriber's User ID count, and therefore would not affect the Device-based Fees payable by a Professional Subscriber that counts User IDs.

Questions about this Policy and its application in specific circumstances should be directed to OPRA at (312) 786-7067 or opra@cboe.com.


 
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