Confidentiality Data Security a. AST acknowledges that it will acquire information and data from each Company, and such information and data are confidential and proprietary information of each Company and/or PIMCO (collectively, “Confidential Information”). Confidential Information includes, but shall not be limited to, (a) any data or information that is competitively sensitive material, and not generally known to the public, including, but not limited to, information about product plans, marketing strategies, finances, operations, customer relationships, customer profiles, customer lists, sales estimates, business plans, and internal performance results relating to the past, present or future business activities of each Company and/or PIMCO, their subsidiaries and affiliated companies and the customers, clients and suppliers of any of them; (b) any scientific or technical information, design, process, procedure, formula, or improvement that is commercially valuable and secret in the sense that its confidentiality affords each Company and/or PIMCO a competitive advantage over its competitors; (c) all confidential or proprietary concepts, documentation, reports, data, specifications, computer software, source code, object code, flow charts, databases, inventions, know-how, and trade secrets, whether or not patentable or copyrightable; and (d) anything designated as confidential. Confidential Information will not include, however, any information that (i) was in the possession of AST at the commencement of the services contemplated under this Agreement that is not related to each Company and/or PIMCO, (ii) became part of the public domain through no fault of AST or (iii) became rightfully known to AST or its affiliates through a third party with no obligation of confidentiality to a Company and/or PIMCO. AST agrees not to disclose the Confidential Information to others (except as required by law or permitted by AST’s privacy policy then in effect, but in no event shall AST disclose the Confidential Information without Company’s prior written approval; provided, however, that no such approval shall be required for any disclosure made pursuant to a routine subpoena or an information request relating to one or more Shareholders that does not require disclosure of Confidential Information other than information relating to such Shareholders’ account; provided, however, that AST shall use commercially reasonable efforts to inform PIMCO of any such disclosure) or use it in any way, commercia...
Confidentiality Data Security. 7.1 Merchant will retain in a secure and confidential manner original or complete and legible copies of each Charge Record, and each Credit Voucher required to be provided Cardholders, for at least two (2) years or longer if required by law or the Operating Rules.
7.2 Merchant will store Charge Records in an area limited to selected personnel, and when record-retention requirements have been met, Merchant will destroy the records so the Charge Records are rendered unreadable.
Confidentiality Data Security. Merchant will retain in a secure and confidential manner original or complete and legible copies of each Charge Record, each Credit Voucher required to be provided to Cardholders, and all information required to be submitted in connection with a Card Transaction for at least two (2) years or longer if required by any applicable law, rule, or regulation, or the Operating Rules. Merchant shall render all materials containing Cardholder Account numbers unreadable prior to discarding. Merchant will store Charge Records and all media containing Cardholder names, Cardholder account information, and other personal information, as well as Card imprints (such as sales drafts and credit records, auto rental agreements, and carbons) in an area limited to selected personnel, and when record‐retention requirements have been met, Merchant will destroy the records so that Charge Records are rendered unreadable. If Merchant stores any electronically captured signature of a Cardholder, Merchant may not reproduce such signature except upon the specific request of Bank. Merchant will not:
i. Provide Cardholder Account numbers, personal Cardholder information, or Card Transaction information to anyone except Bank, Card Networks, or Merchant’s agents/Merchant Servicers (but only those who have been approved by Bank as required under this Agreement and are properly registered with the Card Networks) for the purpose of assisting Merchant in completing Card Transactions, or as specifically required by the Operating Rules, or any applicable law, rule, or regulation.
ii. Retain or store Card Magnetic Stripe, CVV, CVV2, CVC2 or CID data (including Track Data) subsequent to Authorization for a Card Transaction.
iii. Sell, purchase, provide, or exchange Card account number information or other Card transaction or Cardholder information to any third party, or to any entity other than Merchant’s authorized agents/Merchant Servicers (but only those who have been approved by Bank as required under this Agreement and are properly registered with the Card Networks), the Bank, the Card Networks, or in response to valid legal process or subpoena.
iv. Release any Cardholder information over the telephone under any circumstances. Merchant may not, without the express written consent of Bank or Cardholder, or an order from a Court of competent jurisdiction, in the event of its (and Merchant shall ensure, and by contract provide, that Merchant’s agents/Merchant Servicers shall not, in the event o...
Confidentiality Data Security. A. Supplier shall not disclose to third parties, or use for purposes other than performing its obligations hereunder, any Data, Inventions, or any other information that relates to the technical, legal, or business affairs or activities of Newmont or its affiliates which was obtained by or on behalf of Supplier in connection with the performance of the Services (collectively, “Confidential Information”), without the prior written consent of Newmont. Confidential Information shall not include information which: (1) is, or shall have been, in the possession of Supplier and not subject to a confidentiality obligation prior to Supplier’s acquisition thereof in connection with the performance of the Services; (2) through no act or omission of Supplier, becomes published or otherwise available to the public under circumstances such that the public may utilize the same without any direct or indirect confidentiality obligation to Newmont or its affiliates; or (3) is acquired by Supplier from any third party rightfully in possession of the same and having no direct or indirect confidentiality obligation to Newmont or its affiliates with respect to the same; provided, however, that the foregoing exceptions shall not apply with respect to Confidential Information which meets the definition of Personal Data (as set forth in Section 5.B., below), which is more specifically addressed in Section 5.B., below. All Confidential Information shall be delivered to Newmont or destroyed by Supplier, at Newmont’s discretion, upon the termination or expiration of this Agreement or at any earlier time upon Newmont’s request. Supplier shall not retain any copies of Confidential Information without Newmont’s express written authorization. Notwithstanding the foregoing, Supplier may retain one archival hard copy of the Confidential Information for such period of time that Supplier normally retains archival hard copies, and such hard copy shall remain subject to this Section 5.A. until it is destroyed. In addition, if Supplier’s computer system automatically retains back-up copies of Confidential Information, Supplier may retain such copies in Supplier’s archival computer storage for the period of time that Supplier normally archives backed-up computer records, and such computer copies shall remain subject to this Section 5.A. until they are destroyed or erased. Supplier acknowledges that the Confidential Information is an important asset of Newmont and/or its affiliates and that there...
Confidentiality Data Security. 7.1 As used herein, “Confidential Information” shall mean information, know-how, samples, drawings or data, technical or non-technical, provided hereunder that originates with either party, is appropriately marked as confidential (or if disclosed verbally or visually, is promptly reduced to writing and designated as confidential) and is disclosed or provided to the other party. The recipient may use the originator’s Confidential Information for purposes of this Agreement but agrees neither to use for any other purpose nor to disclose nor provide such Confidential Information to any third party at any time during the term of this Agreement or thereafter, except as follows:
Confidentiality Data Security a. Each Party acknowledges that it and its employees or agents, in the course of the projects and services contemplated by this Agreement, may be exposed to or acquire information that is proprietary or confidential to the other Party (“Confidential Information”). Each Party agrees to hold Confidential Information of the other Party in strict confidence and not to use such Confidential Information or discuss or disclose such Confidential Information to any third party. The Parties agree that Confidential Information does not include:
(i) information which at the time of disclosure is, or without fault of the recipient becomes, generally available; (ii) information which either Party can show was in its possession at the time of disclosure or was independently developed by it; (iii) information received from a third party which had the right to transmit same without violation of any confidentiality agreement with the other Party; and (iv) information which is required to be disclosed pursuant to court order or by law. The per-User pricing provided under this Agreement is Confidential Information.
b. TeamDynamix will implement reasonable and appropriate security measures for the Applications, as determined by TeamDynamix, designed to help Client secure Client content against accidental or unlawful loss, access, or disclosure. TeamDynamix may modify its security measures from time to time, but will continue to provide at least the same level of security, on an aggregate basis, as is in place on the Effective Date. TeamDynamix shall undergo a third-party security audit on no less than an annual basis. “Client content” shall mean any and all artwork, logos, graphics, video, text, data, materials or content provided by Client for use in the Applications.
Confidentiality Data Security. (a) The terms and conditions related to confidentiality and data security as set forth in the Agreement for Stock Transfer Services made between TWX and the Depository, dated May 1, 2000 and effective March 1, 2000, as amended, shall be incorporated herein by reference to apply to any information exchanged or transactions between TWX and the Depository and, for the avoidance of doubt, shall in no manner bind TWCable or BNYMellon.
Confidentiality Data Security. 10. Confidentialité ; sécurité des données.
Confidentiality Data Security. 5.1 The User acknowledges and agrees that in using the Platform, including by uploading or creating any data, information, material, or intellectual property (“User Data”) via the Platform, that:
(a) User Data will be transmitted over the internet any other network used by the Platform, which may include transmission to servers located in other states or countries;
(b) the transmission, upload, download, or storage of User Data via the Platform is not guaranteed to be, and may not be, secure;
(c) transmitting, uploading, or downloading User Data via the Platform may render the User’s systems vulnerable to viruses, malware, or other forms of attack that are beyond the reasonable control of the Licensor; and
(d) the User is at all times responsible for the security of its own systems, and the security of the User Data. The Licensor is not liable or responsible for protecting the security of the Data transmitted, uploaded, or downloaded via the Platform, or for any loss, cost, expense or damage suffered by the User as a result of any unauthorised access or use of the Data or the Licensor’s systems.
Confidentiality Data Security. 6.1. Eve undertakes to keep the Data strictly confidential and only to use or disclose the same strictly in accordance with the Permitted Purpose (or as may be required by law or a court of competent jurisdiction).
6.2. Eve shall take appropriate technical and organizational measures against the unauthorized or unlawful accessing, processing and/or use of the Data, or processing or use beyond the scope of the Permitted Purpose, and against the accidental loss or destruction of, or damage to, such Data.
6.3. Eve shall restrict access to the Data to such of its employees and personnel who strictly need to access such data and/or information to undertake the Permitted Purpose, and shall ensure that all such employees and personnel are:
6.3.1. informed of the confidential nature of such data and/or information, the importance of processing it securely and the consequences of any breach of such confidentiality obligation, and
6.3.2. bound by and execute confidentiality undertakings on substantially the same terms as set out in this Agreement.
6.4. Upon the direction of Embraer (either at termination or earlier), Eve shall make reasonable efforts to return or provide evidence of the destruction of any Data belonging to Embraer.
