Common use of Cyber Security and Data Protection Clause in Contracts

Cyber Security and Data Protection. The Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Company and the Subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and each Subsidiary have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, and there have been no breaches, violations, outages or unauthorized uses of or accesses to the same or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same, except where such breach, violation, outage, unauthorized use or access or incident would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. The Company and each Subsidiary are presently in material compliance with all applicable Laws, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Blue Ocean Acquisition Corp), Convertible Note Purchase Agreement (TNL Mediagene)

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Cyber Security and Data Protection. The Company’s Except as described in the Time of Sale Prospectus and its Subsidiaries’ the Prospectus, the information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases of the Company and its Subsidiaries and Affiliated Entities (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects as required in connection with the operation operations of the business businesses of the Company and the its Subsidiaries and Affiliated Entities as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The ; the Company and each Subsidiary its Subsidiaries and Affiliated Entities have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (collectively, “Personal Data”)) used in connection with their businessesbusinesses and implemented backup and disaster recovery technology consistent with industry standards and practice, and there have been no breaches, violations, outages outages, attack or unauthorized uses of or accesses to same; the same or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same, except where such breach, violation, outage, unauthorized use or access or incident would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. The Company and each Subsidiary its Subsidiaries and Affiliated Entities are presently in material compliance with all applicable Lawslaws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

Appears in 1 contract

Samples: Underwriting Agreement (UP Fintech Holding LTD)

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Cyber Security and Data Protection. The Company’s Company and its SubsidiariesControlled Entities’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects as required in connection with the operation of the business of the Company and the Subsidiaries its Controlled Entities as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and each Subsidiary its Controlled Entities have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all IT Systems and data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) used in connection with their businesses, and there have been no breaches, violations, outages or unauthorized uses of or accesses to the same same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any incidents under internal review or investigations relating to the same, except where such breach, violation, outage, unauthorized use or access or incident would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. The Company and each Subsidiary its Controlled Entities are presently in material compliance with all applicable Lawslaws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

Appears in 1 contract

Samples: Underwriting Agreement (Uxin LTD)

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