BREACHES OF NYS CONFIDENTIAL INFORMATION Sample Clauses

BREACHES OF NYS CONFIDENTIAL INFORMATION a. Compliance with the NYS Information Security Breach and Notification Act (ISBNA). In accordance with the Information Security Breach and Notification Act (ISBNA) (NYS General Business Law, §889-aa and §889- bb; NYS Technology Law, §208), Contractor shall be responsible for complying with the provisions of the ISBNA and the following terms contained herein with respect to any Private Information (as defined in ISBNA) received by Contractor under the Contract that is within the control of the Contractor either on the State’s information technology systems or the Contractor’s information technology systems (System). In the event of a breach of the security of the System (as defined by ISBNA) Contractor shall immediately commence an investigation, in cooperation with the State, to determine the scope of the breach and restore the security of the System to prevent any further breaches. Contractor shall also notify the State of any breach of the security of the System immediately following discovery of such breach. Notice of such breach will be sent to: ITS: ITS General Counsel Empire State Plaza Swan Street Building, Core 0 Xxxxxx, Xxx Xxxx 00000 (518) 473-5115 xxx.xx.xxx@xxx.xx.xxx OTDA: OTDA General Counsel 00 Xxxxx Xxxxx Xxxxxx 00X Xxxxxx, Xxx Xxxx 00000 (518) 474-9502 Xxxx.xx.xxxxxxxxxxxxx@xxxx.xx.xxx Except as otherwise instructed by the State, Contractor shall, to the fullest extent possible, first consult with and receive authorization from ITS and OTDA prior to notifying any individuals, the Department of State (DOS), the NYS Division of State Police, the NYS Office of the Attorney General (OAG), or any consumer reporting agencies of a breach of the security of the System or concerning any determination to delay notification due to law enforcement investigations. Nothing herein shall in any way impair the authority of the OAG to bring an action against Contractor to enforce the provisions of ISBNA or limit Contractor’s liability for any violations of the ISBNA or any other applicable statutes, rules, or regulations. In the event that the Contractor is advised by a law enforcement agency pursuant to GBL §899-aa(4) to delay the notice under GBL §899-aa(3), the Contractor shall provide the notice under GBL §899-aa(3) to the State not more than twenty-four hours after the Contractor has been advised by the law enforcement agency that notice under GBL §899-aa(3) can be provided. In accordance with ISBNA, Contractor is responsible for complying with the fo...
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BREACHES OF NYS CONFIDENTIAL INFORMATION. The New York State Information Security Breach and Notification Act (ISBNA: NYS General Business Law §889- aa; and NYS Technology Law, §208) has various requirements for how businesses and government in New York State must address breaches of private information and of the security of systems containing same. Under this Agreement, the Parties agree to comply with relevant provisions of the ISBNA. The Parties also agree to guard against breaches of NYS Confidential Information in the manner described below in these sections:
Sample 1
BREACHES OF NYS CONFIDENTIAL INFORMATION. 57.1. Compliance with the NYS Information Security Breach and Notification Act (“ISBNA”). In accordance with ISBNA (NYS General Business Law, §889-aa; NYS Technology Law, §208), Contractor shall be responsible for complying with theprovisions of ISBNA and the following terms contained herein with respect to any private information (asdefined in ISBNA) received by Contractor under this Contract (“Private Information?) that is within the control of the Contractor either on ITS' information security systems or the Contractor’s information security systems (“System”). In the event of a breach of the security of the System (as defined by ISBNA) Contractor shall immediately commence an investigation, in cooperation with ITS, to determine the scope of the breachand restore the security of the System to prevent any further breaches. Contractor shall also notify ITS ofany breach of the security of the System immediately following discovery of such breach. Except asotherwise instructed by ITS, Contractor shall, to the fullest extent possible, first consult with and receive authorization from ITS prior to notifying any individuals, DOS, the NYS Division of State Police, the OAG or any consumer reporting agencies of a breach of the security of the System or concerning any determination to delay notification due to law enforcementinvestigations. Nothing herein shall in any way impair the authority of the OAG to bring an action against Contractor to enforce the provisions of ISBNA or limit Contractor’s liability for any violations of the ISBNA or any other applicable statutes, rules or regulations. In the event that the Contractor is advised by a law enforcement agency pursuant to GBL §899-aa(4) to delay the notice under GBL §899-aa(3), the Contractor shall providethe notice under GBL §899-aa(3) to the State not more than twenty-four hours after the Contractor has been advised by the law enforcement agency that notice under GBL §899-aa(3) can beprovided. In accordance with ISBNA, Contractor is responsible for complying with the following terms with respect to any Private Information (as defined in the ISBNA) received by or on behalf of ITS under this Contract. Contractor: • Shall supply ITS with a copy of its breach notification policy, which shall be modified to be in compliance with this provision. • Must encrypt any database fields and backup tapes that contain Private Information, as set forth in the ISBNA. • Must ensure that the State's Private Information is encry...
Sample 1

Related to BREACHES OF NYS CONFIDENTIAL INFORMATION

  • Non-Disclosure of Confidential Information (a) Executive acknowledges that the Company possesses certain confidential and propriety information that has been or may be revealed to him or learned by Executive during the course of Executive’s employment with the Company and that it would be unfair to use that information or knowledge to compete with or to otherwise disadvantage the Company. Executive shall not, during the Term of Employment or at any time following the Term of Employment, directly or indirectly, disclose or permit to be known (other than as is required in the regular course of his duties (including without limitation disclosures to the Company’s advisors and consultants), as required by law (in which case Executive shall give the Company prior written notice of such required disclosure) or with the prior written consent of the Board of Directors, to any person, firm, corporation, or other entity, any confidential information acquired by him during the course of, or as an incident to, his employment or the rendering of his advisory or consulting services hereunder, relating to the Company or any of its subsidiaries or affiliates, the directors of the Company or its subsidiaries or affiliates, any supplier or customer of the Company or any of their subsidiaries or affiliates, or any corporation, partnership or other entity owned or controlled, directly or indirectly, by any of the foregoing, or in which any of the foregoing has a beneficial interest, including, but not limited to, the business affairs of each of the foregoing. Such confidential information shall include, but shall not be limited to, proprietary technology, trade secrets, patented processes, research and development data, know-how, market studies and forecasts, financial data, competitive analyses, pricing policies, employee lists, personnel policies, the substance of agreements with customers, suppliers and others, marketing or dealership arrangements, servicing and training programs and arrangements, supplier lists, customer lists and any other documents embodying such confidential information. This confidentiality obligation shall not apply to any confidential information, which is or becomes publicly available other than pursuant to a breach of this paragraph 12(a) by Executive.

  • Use of Confidential Information The parties agree that during the term of this Agreement and thereafter, Confidential Information is to be used solely in connection with satisfying their obligations pursuant to this Agreement, and that a party shall neither disclose Confidential Information to any third party, nor use Confidential Information for its own benefit, except as may be necessary to perform its obligations pursuant to this Agreement or as expressly authorized in writing by the other party, as the case may be. Neither party shall disclose any Confidential Information to any other persons or entities, except on a “need to know” basis and then only: (i) to their own employees and Agents (as defined below); (ii) to their own accountants and legal representatives, provided that any such representatives shall be subject to subsection(iv) below; (iii) to their own affiliates, provided that such affiliates shall be restricted in use and redisclosure of the Confidential Information to the same extent as the parties hereto. “Agents”, for purposes of this Section, mean each of the parties’ advisors, directors, officers, employees, contractors, consultants affiliated entities (i.e., an entity controlling, controlled by, or under common control with a party), or other agents. If and to the extent any Agent of the recipient receive Confidential Information, such recipient party shall be responsible for such Agent’s full compliance with the terms and conditions of this Agreement and shall be liable for any such Agent’s non-compliance.

  • Protection of Confidential Information The Servicer shall keep confidential and shall not divulge to any party, without the Seller’s prior written consent, any nonpublic information pertaining to the Mortgage Loans or any borrower thereunder, except to the extent that it is appropriate for the Servicer to do so in working with legal counsel, auditors, taxing authorities or other governmental agencies or it is otherwise in accordance with Accepted Servicing Practices.

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