Data Compliance. Customer represents and warrants that it has obtained all the consents necessary for Supplier, and its licensor, Genesys, to collect, access, process, store, transmit, and otherwise use Customer Data in accordance with this Agreement. Customer acknowledges that Supplier, and its licensor, Genesys, has no control over the content of Customer Data, and Supplier, and its licensor, Genesys, expressly disclaim any duty to review or determine the legality, accuracy or completeness of Customer Data.
Data Compliance. All Service Data You provide to Provider in connection with the Services shall (i) be server-ready, meaning that they shall be in a condition and form which requires no additional manipulation or verification on the part of Provider; (ii) comply with Applicable Law, the terms and conditions of the Agreement, including the AUP, the No-Spam Policy, and any other applicable Provider’s procedures and policies that further define the provision and use of the Services; and (iii) be free of any and all malicious code, including disabling devices, drop- dead devices, time bombs, trap doors, Trojan horses, worms, computer viruses, and mechanisms that may disable or negatively impact the servers. Attempting to place or requesting placement of malicious code on Provider’s servers shall be considered a material breach of the Agreement. You hereby represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use, post, place and otherwise transfer or transmit, the Service Data in connection with the Services. Provider may reject or delete Service Data that You have placed, attempted to place, or have requested be placed on Provider's servers in breach of the Agreement. Provider shall notify You of its rejection and provide You with an opportunity to amend or modify such Service Data to meet the requirements of Provider.
Data Compliance. (a) Both the Group Companies and any of their Affiliated Persons have, abided by applicable Cyber Security and Data Protection Related Laws, adopted sufficient technical measures and other necessary measures to protect data security when collecting, storing, using, processing, sharing, transferring, publicly disclosing and cross-border transmitting Personal Information.
(b) Neither the Group Companies nor any of their Affiliated Persons have taken any action that constitutes data breach, infringement of Personal Information or violation of Laws related to Personal Information protection and cyber security, including but not limited to:
(i) collecting or using Personal Information without obtaining prior consent of the Persons whose information is collected unless otherwise stipulated by laws;
(ii) collecting or using Personal Information without expressly indicating the purpose, methods and scope of collecting and using Personal Information to the Person whose Personal Information is collected, or collected Personal Information unrelated to the provided services;
(iii) not strictly keeping confidential the Personal Information obtained during the course of providing services, or disclosed, damaged, tampered or illegally (including without obtaining authorization or beyond the authorization scope) provided such information to others;
(iv) collecting, using or processing its stored Personal Information in violation of Laws or agreements with the Person whose Personal Information is collected; and
(v) stealing or otherwise unlawfully obtaining Personal Information, including obtaining Personal Information from sources that may be illegal.
(c) Except as disclosed in Section 3.16(c) of the Disclosure Schedule, neither the Group Companies nor any of their Affiliated Persons have been investigated, inquired or been subject to any other actions by the regulatory authorities against the Group Companies or any of their Affiliated Persons, or sued or claimed compensation by any third party as a result of data mismanagement or illegal use of data.
Data Compliance. Customer represents and warrants that it has obtained all the consents necessary for Genesys to collect, access, process, store, transmit, and otherwise use Customer Data in accordance with this Agreement. Customer acknowledges that Genesys has no control over the content of Customer Data, and Genesys expressly disclaims any duty to review or determine the legality, accuracy or completeness of Customer Data.
Data Compliance. The Group Companies shall comply with the Cyber Security and Data Protection Related Laws in all material aspects of the existing business and the operations of the Company, including but not limited to: (i) compliance with the laws, regulations and national standards relating to personal information and/or important data collection, storage and use; (ii) adding relevant data protection provisions in the data transfer agreement between the Company and the third party, or requiring the third party to sign a separate data protection agreement, and supervising third parties to implement the requirements of data security management; (iii) prohibiting illegally providing personal information without users’ authorizations; (iv) adopting technical and other necessary measures (including but not limited to the user account cancellation mechanism and user data deletion system) to the satisfaction of the Investors which comply with the Cyber Security and Data Protection Related Laws within six (6) months after the Closing, to safeguard network operation security and network information security; and (v) paying close attention to the updates of the Cyber Security and Data Protection Related Law, and ensuring that the Company’s business operations are in compliance with the valid data compliance requirements at any stage.
Data Compliance. The Group Companies shall comply with the Cyber Security and Data Protection Related Laws in all material aspects of the existing business and the operations of the Company, including but not limited to: (i) compliance with the laws, regulations and national standards relating to personal information and/or important data collection, storage and use; (ii) prohibiting illegally providing personal information without users’ authorizations; and (iii) paying close attention to the updates of the Cyber Security and Data Protection Related Law, and ensuring that the Company’s business operations are in compliance with the valid data compliance requirements at any stage.
Data Compliance. The Seller warrants that if the Goods include any computer processor, hardware, software, timing mechanism or data (and any parts, updates or additions, it hereafter provides with respect to the Goods), the Goods will correctly process and manipulate data and transactions involving dates, including single century, multi-century and leap year calculations, and will correctly multi-year transactions between centuries, and will operate without adverse effect with respect to any date. If the Order covers any services, the Seller makes the above warranty with respect to any computer processor, hardware, software, timing mechanism or data item used by the Seller or created, modified or delivered to the Buyer in the performance of those services. Without prejudice to any remedy available to the Buyer, the Buyer may require the Seller to demonstrate compliance with this warranty prior to delivery to the Buyer.
Data Compliance. (a) Where required by the Cyber Security and Data Protection Related Laws and to the extent applicable to the relevant Group Companies, the applicable Group Companies have adopted commercially reasonable technical and other necessary measures to protect data security when collecting, storing, using, processing, sharing, transferring, publicly disclosing and cross-border transmitting Personal Information, except where failure to adopt would not be material to such Group Company.
(b) None of the Group Companies has (i) received any written notice from any privacy regulator that it is acting or has acted in breach, or is otherwise being investigated or is the subject of enforcement action in respect, of any of the Cyber Security and Data Protection Related Laws; or (ii) received from any data subject any complaint or claim or allegation of breach of any of the Cyber Security and Data Protection Related Laws, in each case, as would reasonably be expected to constitute a Material Adverse Effect to any Group Company.
Data Compliance. 13.1 The Parties shall comply with Applicable Laws related to cyber security, data security, data protection and data privacy during the performance of this Agreement.
13.2 If either Party’s breach of the above obligations causes Losses or other adverse impacts to the other Party, subject to Section 10, the breaching Party shall be fully responsible for resolving the matter and bearing the corresponding contractual liabilities as stipulated in this Agreement.
Data Compliance. 24.1 As of the Closing Date, the Target Group is in material compliance with Cyber Security and Data Protection Related Laws and has adopted sufficient technical measures and other reasonably necessary measures to comply with the Cyber Security and Data Protection Related Laws when collecting, storing, using, processing, sharing, transferring, publicly disclosing and cross-border transmitting Personal Information in the conduct of the Business.
24.2 No member of the Target Group or its Representatives have taken any action that constitutes material data breach, infringement of Personal Information or violation of any Cyber Security and Data Protection Related Laws in the conduct of the Business, including:
(a) collecting or using Personal Information without obtaining prior consent of the persons whose information is collected in material violation of any Cyber Security and Data Protection Related Laws;
(b) disclosing, damaging, tampering with or illegally (including without obtaining authorization or beyond the authorization scope) providing others with any Personal Information in violation of any Cyber Security and Data Protection Related Laws;
(c) collecting, using or processing Personal Information in Target Group’s possession or control in violation of any Cyber Security and Data Protection Related Laws or binding agreements with the person whose Personal Information is collected; and
(d) stealing or otherwise unlawfully obtaining Personal Information, including obtaining Personal Information from sources that are illegal.
