Customer Data. 5.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality , reliability, integrity, accuracy and quality of the Customer Data.
5.2 The Customer shall have sole responsibility for the security, back-up, archiving and recovery of Customer Data.
5.3 If the Customer utilises the customer service icon provided by the Supplier within the Software the Customer acknowledges that any Customer Data uploaded via such service will be subject to the relevant third party supplier’s Security Policy. The Supplier currently utilises the Fresh Desk application. For a copy of the Fresh Desk Security Policy see xxxxx://xxxxxxxxx.xxx/security. The Supplier accepts no liability for any Customer Data transferred through the customer service icon provided within the Software.
5.4 The Supplier shall not be responsible for any loss suffered by the Customer as a result of or arising from the destruction, alteration, or disclosure of any Customer Data caused by any third party (including any third-party providing customer service functionality in connection with the Software), except and to the extent that the Supplier is entitled to recover and has so recovered an amount (net of the costs of recovery) equal to such loss from the relevant third party.
5.5 If the Supplier processes any personal data on the Customer's behalf when performing its obligations under these Terms and Conditions of Use, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
(a) the Customer undertakes to comply with all the requirements of the Data Protection Act 1998 in connection with any personal data processed by the Supplier on the Customer's behalf when performing its obligations under these Terms and Conditions of Use ;
(b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully process the personal data in accordance with these Terms and Conditions of Use on the Customer's behalf;
(c) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorised Users are located in order to carry out the Services and the Supplier's other obligations under these Terms and Conditions of Use;
(d) the Customer shall ensure that the relevant third parties have been...
Customer Data. 8.1 You, not bookinglab or JRNI, have sole responsibility for the entry, deletion, correction, accuracy, quality, integrity, legality, reliability, appropriateness, and right to use the Customer Data. bookinglab and JRNI is not responsible for any of the foregoing or for any destruction, damage, loss, or failure to store any Customer Data beyond its reasonable control or resulting from any failure in data transmission or operation of the Booking Service by you.
8.2 As of the MSA Start Date, JRNI is certified under ISO 27001 and shall maintain an information security program for the Services that complies with the ISO 27001 standards or such other standards as are substantially equivalent to ISO 27001.
8.3 If JRNI and/or bookinglab processes any Personal Data on your behalf when performing its obligations under this Agreement, the Parties acknowledge that you shall be the Data Controller and JRNI and/or bookinglab shall be a Data Processor and in any such case:
(a) you shall ensure that you are entitled to transfer the relevant Customer Personal Data to JRNI and/or bookinglab so that they may lawfully use, process and transfer the Customer Personal Data in accordance with this Agreement on your behalf;
(b) you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable Data Protection Laws;
(c) each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage; and
(d) notwithstanding any other provision of this Agreement, but subject always to Appendix B(1) Data Protection and B(2) Data Processing Activities, nothing shall prevent JRNI or bookinglab from disclosing Customer Personal Data or Customer Data to their Group Companies, Affiliates and third party service providers as necessary to provide the Services in accordance with clause 3, and otherwise in order to comply with Applicable Law or at the request of a governmental, regulatory or supervisory authority.
8.4 From the MSA Start Date the Parties shall comply with Appendix B(1) Data Protection and Appendix B(2) Data Processing Activities
8.5 ensure that Customer Data and Personal Data deemed as a special category of Data under GDPR is not given to us in any form unless pre-agreed by us in writing
8.6 You are solely responsible and liable for any transfer of Customer Data made by you...
Customer Data. PGi acknowledges Your rights, title, and/or interest in and to all electronic data or information uploaded, stored, recorded, retrieved or transmitted by You through its use of the Service (“Customer Data”) and such Customer Data is deemed to be Your confidential information under this Agreement. PGi shall not access any Customer Data, except to respond to service or technical problems which may arise and/or at Your request, or otherwise compelled by law. If PGi is compelled by law to disclose Your Proprietary Information or Customer Data, PGi shall provide You with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Your cost, if You wish to contest the disclosure. Customer Data will be protected by PGi with at least the same protective precautions that PGi takes to protect its similar proprietary or confidential information. PGi is not obligated to provide a disaster recovery plan in respect to Customer Data and PGi accepts no responsibility to You for the recovery of deleted Customer Data. PGi reserves the right to remove any Customer Data that constitutes Objectionable Material or violates any Service Provider rules regarding appropriate use, but is not obligated to do so. You acknowledge that PGi has no control over the content of the information transmitted by You through the Services and that PGi does not access, view or listen to any Content in order to examine the use to which You put the Services or the nature of the information You send or receive except as necessary for the performance of the Services.
Customer Data. 14.1 The CONTRACTOR shall not delete or remove any proprietary notices contained within or relating to the CUSTOMER Data.
14.2 The CONTRACTOR shall not store, copy, disclose, or use the CUSTOMER Data except as necessary for the performance by the CONTRACTOR of its obligations under this Contract or as otherwise expressly authorised in writing by the CUSTOMER.
14.3 To the extent that CUSTOMER Data is held and/or processed by the CONTRACTOR, the CONTRACTOR shall supply that CUSTOMER Data to the CUSTOMER as requested by the CUSTOMER in the format specified in Schedule 2-6.
14.4 The CONTRACTOR shall take responsibility for preserving the integrity of CUSTOMER Data and preventing the corruption or loss of CUSTOMER Data.
14.5 The CONTRACTOR shall perform secure back-ups of all CUSTOMER Data and shall ensure that up-to-date back-ups are stored off-site in accordance with the BCDR Plan. The CONTRACTOR shall ensure that such back-ups are available to the CUSTOMER at all times upon request and are delivered to the CUSTOMER at no less than the period specified in Schedule 2-6.
14.6 The CONTRACTOR shall ensure that any system on which the CONTRACTOR holds any CUSTOMER Data, including back-up data, is a secure system that complies with the Security Policy.
14.7 If the CUSTOMER Data is corrupted, lost or sufficiently degraded as a result of the CONTRACTOR's Default so as to be unusable, the CUSTOMER may:
14.7.1 require the CONTRACTOR (at the CONTRACTOR's expense) to restore or procure the restoration of CUSTOMER Data to the extent and in accordance with the requirements specified the BCDR Plan and the CONTRACTOR shall do so as soon as practicable but not later than the period specified in Schedule 2-6; and/or
14.7.2 itself restore or procure the restoration of CUSTOMER Data, and shall be repaid by the CONTRACTOR any reasonable expenses incurred in doing so to the extent and in accordance with the requirements specified in the BCDR Plan.
14.8 If at any time the CONTRACTOR suspects or has reason to believe that CUSTOMER Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the CONTRACTOR shall notify the CUSTOMER immediately and inform the CUSTOMER of the remedial action the CONTRACTOR proposes to take.
Customer Data. The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data. The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Call Off Contract or as otherwise Approved by the Customer. To the extent that the Customer Data is held and/or Processed by the Supplier, the Supplier shall supply that Customer Data to the Customer as requested by the Customer and in the format (if any) specified in this Call Off Contract and in any event as specified by the Customer from time to time in writing. To the extent that Customer Data is held and/or Processed by the Supplier, the Supplier shall take responsibility for preserving the integrity of Customer Data and preventing the corruption or loss of Customer Data. The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Security Policy and the Security Management Plan (if any). The Supplier shall ensure that any system on which the Supplier holds any Customer Data which is protectively marked shall be accredited using such accreditation policy or system as specified by the Customer (such as the HMG Security Policy Framework and Information Assurance Policy, taking into account guidance issued by the Centre for Protection of National Infrastructure on Risk Management and Accreditation of Information Systems, and/or relevant HMG Information Assurance Standard(s), as in force from time to time) and, where the Call Off Contract Period exceeds one year, the Supplier shall review such accreditation status at least once in each year to assess whether material changes have occurred which could alter the original accreditation decision. If any such changes have occurred then the Supplier shall resubmit such system for accreditation. If the Customer Data is corrupted, lost or sufficiently degraded as a result of a Supplier's Default so as to be unusable, the Customer may: require the Supplier (at the Supplier's expense) to restore or procure the restoration of the Customer Data to the extent and in accordance with the BCDR Plan and the Supplier shall do so as soon as practicable but in accordance with the time period notified by the Customer; and/or itself restore or procure the restoration of Customer Data, and shall be repaid by the Supplier any reasonable expenses incurred in doing so to...
Customer Data. 17.4.1 The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data.
17.4.2 The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Contract or as otherwise expressly authorised in writing by the Customer.
17.4.3 To the extent that Customer Data is held and/or processed by the Supplier, the Supplier shall supply that Customer Data to the Customer as requested by the Customer and in the format specified in this Contract (if any) and in any event as specified by the Customer from time to time in writing.
17.4.4 To the extent that Customer Data is held and/or processed by the Supplier, the Supplier shall take responsibility for preserving the integrity of Customer Data and preventing the corruption or loss of Customer Data.
17.4.5 The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Security Policy.
17.4.6 If the Customer Data is corrupted, lost or sufficiently degraded as a result of the Supplier's Default so as to be unusable, the Customer may unless otherwise agreed with the Supplier:
17.4.6.1 require the Supplier (at the Supplier's expense) to restore or procure the restoration of Customer Data and the Supplier shall do so as soon as practicable but in accordance with the time period notified by the Customer; and/or
17.4.6.2 itself restore or procure the restoration of Customer Data, and shall be repaid by the Supplier any reasonable expenses incurred in doing so.
17.4.7 If at any time the Supplier suspects or has reason to believe that Customer Data has or may become corrupted, lost or sufficiently degraded in any way for any reason, then the Supplier shall notify the Customer immediately and inform the Customer of the remedial action the Supplier proposes to take.
Customer Data. Verizon, and Verizon Affiliates and their respective agents will, by virtue of the provision of Services, come into possession of Customer Data.
Customer Data. Customer agrees to provide or cause to be provided to Provider such contact, billing and energy usage data, and facility information as is required by Provider to support the Solutions (“Customer Data”). Customer (i) represents that it has the right to provide Customer Data to Provider and will provide Customer Data to Provider in compliance with applicable legal requirements; (ii) authorizes Provider to use, copy, store, modify and display Customer Data for Customer’s benefit and as expressly set forth in Section 4 of these Terms and Conditions; and (iii) authorizes Provider to access Customer Data to provide quality assurance, perform software maintenance, and deliver customer service and technical support. During the Term and for thirty (30) days following expiration or termination of the Master Agreement, Provider will preserve and maintain Customer Data. Thereafter, Provider will have no obligation to preserve or return any Customer Data.
Customer Data. To the extent that Developed Property transmits, stores, or processes Customer Data outside of the Service, Developer will not, without the prior written consent of the User (i) modify the Customer Data in a manner that adversely affects the integrity of such data in or as resubmitted to the Service and (ii) use Customer Data except expressly as permitted by the applicable User. Developer will maintain and process all Customer Data only as directed by User and in accordance with applicable privacy laws and regulations.
Customer Data. The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data. The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Call-Off Agreement or as otherwise expressly approved by the Customer. The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Supplier security policy.
