Common use of DATA AND DATA PROTECTION Clause in Contracts

DATA AND DATA PROTECTION. (a) Company acknowledges that certain Evaluation Products may process data submitted by Company or Company’s behalf (“Company Data”). Company retains all rights and ownership in Company Data. Riverbed does not claim any ownership rights in Company Data. (b) The terms of data processing addendum at xxx.xxxxxxxx.xxx/xxxx-xxxxxxxxxx-xxxxxxxx (“DPA”), as may be updated by Riverbed from time to time, are hereby incorporated by reference and shall apply to the extent that Riverbed processes Personal Data as a Processor on Company’s behalf, as defined in the DPA. Riverbed shall maintain appropriate administrative, physical and technical security measures designed to protect Company Data and Personal Data from unauthorized access, destruction, use, modification, or disclosure. (c) Unless otherwise mutually agreed in writing, Company Data shall not include and Company shall not process or submit to Riverbed any: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Xxxxx-Xxxxx- Xxxxxx Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations. (d) Riverbed processes, uses and collects certain types of data and information from Company and Company’s authorized users in connection with use of the Evaluation Products to deliver, analyze, support and improve the Evaluation Products and as otherwise described in this Agreement, Riverbed’s then-current Privacy Policy (available at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx) and the applicable Documentation. Riverbed may collect certain information and data that relates to the use and operation of the Evaluation Products, including features used, device and application identifiers, operating and system configuration information, location, log files, event files and other diagnostic files, as well as statistical, aggregated data (collectively, “Usage Data”). Riverbed uses Usage Data for development, diagnostic and corrective purposes in connection with providing technical and customer support, to maintain the security of the Evaluation Products, to deliver performance insights, and to analyze and enhance the Evaluation Products and other Riverbed product and service offerings.

DATA AND DATA PROTECTION. (a) Company acknowledges that certain Evaluation Products Previews may process data submitted by Company or on Company’s behalf (“Company Data”). Company retains all rights and ownership in Company Data. Riverbed does not claim any ownership rights in Company Data. (b) The terms of data processing addendum at xxx.xxxxxxxx.xxx/xxxx-xxxxxxxxxx-xxxxxxxx (“DPA”), as may be updated by Riverbed from time to time, are hereby incorporated by reference and shall apply to the extent that Riverbed processes Personal Data as a Processor on Company’s behalf, as defined in the DPA. Riverbed shall maintain appropriate administrative, physical and technical security measures designed to protect Company Data and Personal Data from unauthorized access, destruction, use, modification, or disclosure. (c) Unless otherwise mutually agreed in writing, Company Data shall not include and Company shall not process or submit to Riverbed any: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Xxxxx-Xxxxx- Xxxxxx Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations. (d) Riverbed processes, uses and collects certain types of data and information from Company and Company’s authorized users in connection with use of the Evaluation Products Previews to deliver, analyze, support and improve the Evaluation Products Previews and as otherwise described in this Agreement, Riverbed’s then-then- current Privacy Policy (available at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx) and the applicable Documentation. Riverbed may collect certain information and data that relates to the use and operation of the Evaluation ProductsPreviews, including features used, device and application identifiers, operating and system configuration information, location, log files, event files and other diagnostic files, as well as statistical, aggregated data (collectively, “Usage Data”). Riverbed uses Usage Data for development, diagnostic and corrective purposes in connection with providing technical and customer support, to maintain the security of the Evaluation ProductsPreviews, to deliver performance insights, and to analyze and enhance the Evaluation Products Previews and other Riverbed product and service offerings.

DATA AND DATA PROTECTION. (a) Company acknowledges that certain Evaluation Products Previews may process data submitted by Company or on Company’s behalf (“Company Data”). Company expressly consents to the following: (i) Riverbed may collect and share Company Data with Intel, provided that Riverbed will not share any personal data contained in the Company Data with Intel, and (ii) Intel may process and use such shared Company Data as provided by Riverbed for any purpose. For the avoidance of doubt, Riverbed will remove, hash, and/or obfuscate any personal data contained in Company Data prior to sharing such Company Data with Intel. Company retains all rights and ownership in Company Data. Riverbed does not claim any ownership rights in Company Data. (b) The terms of data processing addendum at xxx.xxxxxxxx.xxx/xxxx-xxxxxxxxxx-xxxxxxxx (“DPA”), as may be updated by Riverbed from time to time, are hereby incorporated by reference and shall apply to the extent that Riverbed processes Personal Data as a Processor on Company’s behalf, as defined in the DPA. Riverbed shall maintain appropriate administrative, physical and technical security measures designed to protect Company Data and Personal Data from unauthorized access, destruction, use, modification, or disclosure. (c) Unless otherwise mutually agreed in writing, Company Data shall not include and Company shall not process or submit to Riverbed any: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Xxxxx-Xxxxx- Xxxxxx Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations. (d) Riverbed processes, uses and collects certain types of data and information from Company and Company’s authorized users in connection with use of the Evaluation Products Previews to deliver, analyze, support and improve the Evaluation Products Previews and as otherwise described in this Agreement, Riverbed’s then-then- current Privacy Policy (available at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx) and the applicable Documentation. Riverbed may collect certain information and data that relates to the use and operation of the Evaluation ProductsPreviews, including features used, device and application identifiers, operating and system configuration information, location, log files, event files and other diagnostic files, as well as statistical, aggregated data (collectively, “Usage Data”). Riverbed uses Usage Data for development, diagnostic and corrective purposes in connection with providing technical and customer support, to maintain the security of the Evaluation ProductsPreviews, to deliver performance insights, and to analyze and enhance the Evaluation Products Previews and other Riverbed product and service offerings.

DATA AND DATA PROTECTION. (a) Company acknowledges that certain Evaluation Products Free Offerings may process data submitted by Company or Company’s behalf (“Company Data”). Company retains all rights and ownership in Company Data. Riverbed does not claim any ownership rights in Company Data. (b) The terms of data processing addendum at xxx.xxxxxxxx.xxx/xxxx-xxxxxxxxxx-xxxxxxxx (“DPA”), as may be updated by Riverbed from time to time, are hereby incorporated by reference and shall apply to the extent that Riverbed processes Personal Data as a Processor on Company’s behalf, as defined in the DPA. Riverbed shall maintain appropriate administrative, physical and technical security measures designed to protect Company Data and Personal Data from unauthorized access, destruction, use, modification, or disclosure. (c) Unless otherwise mutually agreed in writing, Company Data shall not include and Company shall not process or submit to Riverbed any: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Xxxxx-Xxxxx- Xxxxxx Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations. (d) Riverbed processes, uses and collects certain types of data and information from Company and Company’s authorized users in connection with use of the Evaluation Products Free Offerings to deliver, analyze, support and improve the Evaluation Products Free Offerings and as otherwise described in this Agreement, Riverbed’s then-current Privacy Policy (available at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx) and any applicable documentation provided with the applicable DocumentationFree Offering. Riverbed may collect certain information and data that relates to the use and operation of the Evaluation ProductsFree Offerings, including features used, device and application identifiers, operating and system configuration information, location, log files, event files and other diagnostic files, as well as statistical, aggregated data (collectively, “Usage Data”). Riverbed uses Usage Data for development, diagnostic and corrective purposes in connection with providing technical and customer support, to maintain the security of the Evaluation ProductsFree Offerings, to deliver performance insights, and to analyze and enhance the Evaluation Products Free Offerings and other Riverbed product and service offerings.

DATA AND DATA PROTECTION. (a) Company acknowledges that certain Evaluation Products Previews may process data submitted by Company or Company’s behalf (“Company Data”). Company retains all rights and ownership in Company Data. Riverbed does not claim any ownership rights in Company Data. (b) The terms of data processing addendum at xxx.xxxxxxxx.xxx/xxxx-xxxxxxxxxx-xxxxxxxx (“DPA”), as may be updated by Riverbed from time to time, are hereby incorporated by reference and shall apply to the extent that Riverbed processes Personal Data as a Processor on Company’s behalf, as defined in the DPA. Riverbed shall maintain appropriate administrative, physical and technical security measures designed to protect Company Data and Personal Data from unauthorized access, destruction, use, modification, or disclosure. (c) Unless otherwise mutually agreed in writing, Company Data shall not include and Company shall not process or submit to Riverbed any: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Xxxxx-Xxxxx- Xxxxxx Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations. (d) Riverbed processes, uses and collects certain types of data and information from Company and Company’s authorized users in connection with use of the Evaluation Products Previews to deliver, analyze, support and improve the Evaluation Products Previews and as otherwise described in this Agreement, Riverbed’s then-then- current Privacy Policy (available at xxx.xxxxxxxx.xxx/xxxxxxxxxxxxx) and the applicable Documentation. Riverbed may collect certain information and data that relates to the use and operation of the Evaluation ProductsPreviews, including features used, device and application identifiers, operating and system configuration information, location, log files, event files and other diagnostic files, as well as statistical, aggregated data (collectively, “Usage Data”). Riverbed uses Usage Data for development, diagnostic and corrective purposes in connection with providing technical and customer support, to maintain the security of the Evaluation ProductsPreviews, to deliver performance insights, and to analyze and enhance the Evaluation Products Previews and other Riverbed product and service offerings.