Compliance With Data Security Requirements. To the Knowledge of the Company, in connection with its collection, storage, transfer (including without limitation, any transfer across national borders) and/or use of any information or Protected Data, the Company and its Subsidiaries are and have been, in material compliance with all applicable Privacy and Security Requirements. The Company and its Subsidiaries have commercially reasonable physical, technical, organizational and administrative security measures and policies in place to protect the confidentiality, integrity and availability of all systems, information and Protected Data maintained and collected by the Company or its Subsidiaries or on their behalf. Except as set forth in the Commission Documents, none of the Company or any of its Subsidiaries has experienced any security incident that has compromised the integrity or availability of the Company’s or its Subsidiaries’ network, systems, data or information. The Company and its Subsidiaries are and have been, to the Company’s Knowledge, in compliance in all material respects with all Privacy and Security Requirements relating to data loss, theft and breach of security notification obligations. None of the Company or its Subsidiaries has received, or provided, any written notice of any claims, actions, investigations, inquiries or alleged violations of Privacy and Security Requirements or any other security incidents.
Compliance With Data Security Requirements. The Company and its Subsidiaries has at all times during the past three (3) years complied in all material respects with (i) all applicable Privacy Laws, (ii) all of the Company’s externally facing, publicly posted written privacy policies and notices (“Privacy Policies”) governing Data Treatment, and (iii) all of the Company’s legally-binding contractual obligations governing Data Treatment by or on behalf of the Company or any of its Subsidiaries (collectively, the “Data Security Requirements”). As required by applicable Privacy Laws, the Company and its Subsidiaries have in place commercially reasonable policies and procedures for receiving and responding to requests from individuals to exercise their rights under Data Security Requirements concerning their Personal Information. At all times during the past three (3) years, neither the Company’s nor any of its Subsidiaries’ Privacy Policies contain any material omissions or are misleading or deceptive in any material respect. At all times during the past three (3) years, the Company and its Subsidiaries have in place reasonable technical and organizational safeguards designed to protect Personal Information against loss, theft, misuse, or unauthorized access, use, modification, alteration, destruction or disclosure. During the past three (3) years (A) except as would not reasonably be expected to result in material liability to the Company or any of its Subsidiaries, to the Company’s Knowledge, there have been no actual or alleged breaches of, security incidents involving, misuse of or unauthorized access to the IT Systems, which has resulted in the unauthorized acquisition, destruction, damage, loss, corruption, alteration, use or disclosure of any Personal Information; and (B) neither the Company nor any of its Subsidiaries has received in writing any notices of any claims of, or investigations or inquiries related to, or to the Company’s Knowledge, has been charged with, the violation of, any Data Security Requirements.
Compliance With Data Security Requirements i. You are fully responsible for the security of data on your website or otherwise in your possession. Your company will:
a. Comply with all then-current legal obligations and guidelines, including without limitation those issued by associations associated with the collection, security and dissemination of data on Merchant’s website, and expressly including the Visa Cardholder Information Security Program (CISP) and MasterCard's Site Data Protection (SDP) Program. These programs include without limitation requirements that Your company: maintain a network firewall, keep security patches up-to-date, encrypt stored data, maintain updated anti-virus software, restrict access to data (including physical access), maintain unique user identification, user tracking and password requirements, conduct regular testing of security systems and procedures, maintain a security information policy for employees and contractors. For details of these programs log onto xxx.xxxx.xxx/xxxx or xxx.xxxxxxxxxx.xxx/xxx;
b. Conspicuously post on Your company’s website a privacy policy that meets all applicable legal and association requirements and is consistent with good business practices with respect to the collection and use of customers’ personally identifiable information; and
c. Notify Us of any agent, including any gateway, shopping cart, or other third party provider, that has access to Cardholder data and ensure that such agent is compliant with all then-current legal obligations associated with the collection, security and dissemination of data; and notify Us immediately of any security breaches to Merchant's data records or system as it relates to the Services. If Merchant fails to comply with the requirements or We have indication of an actual or potential security breach, the Bank may suspend the provision of the Internet Services hereunder immediately upon written notice
Compliance With Data Security Requirements. To the Knowledge of the Company, in connection with its collection, storage, transfer (including without limitation, any transfer across national borders) and/or use of any information or Protected Data, the Company and its Subsidiaries are and have been, in material compliance with all Privacy and Security
