Common use of Cybersecurity Program Clause in Contracts

Cybersecurity Program. Broker-Dealer represents, warrants and covenants that it has implemented and maintains, and shall continue to maintain, a cybersecurity program that includes administrative, technical and physical safeguards designed to protect the confidentiality, integrity and availability of Nonpublic Information and Broker-Dealer’s VARIABLE BDSA_5-2021 BD V only(Notice) Information Systems. Broker-Dealer’s cybersecurity program is, and shall remain, designed to: (a) identify and assess internal and external cybersecurity risks that may threaten the security or integrity of Nonpublic Information stored on Broker-Dealer’s Information Systems; (b) use defensive infrastructure and implement policies and procedures to protect Broker-Dealer’s Information Systems, and Nonpublic Information stored on such Information Systems, from unauthorized access, use or other malicious acts and minimize the likelihood of harm to any individual; (c) detect Cybersecurity Events; (d) respond to identified or detected Cybersecurity Events to mitigate any negative effects; (e) recover from Cybersecurity Events and restore normal operations and services; (f) fulfill applicable regulatory reporting obligations; and (g) define and periodically reevaluate a schedule for retention of Nonpublic Information and a mechanism for its destruction when no longer needed.