Common use of Data Incidents Clause in Contracts

Data Incidents. Manager agrees to immediately notify Walmart’s Emergency Operations Center by phone (479.277.1001) of any reasonably suspected or actual loss of data or breach or compromise of its Security Program which has or may result in the loss or unauthorized access, disclosure, use or acquisition of Walmart Information (including hard copy records) or otherwise presents a potential threat to any Walmart systems (“Data Incident”). While the initial phone notice may be in summary form, a comprehensive written notice should be given within 48 hours to Walmart’s Chief Privacy Officer, 702 SW 8th Street, Bentonville, AR and its Chief Information Security Officer, 805 Moberly Lane, Bentonville, AR. The notice shall summarize in reasonable detail the nature and scope of the Data Incident known to Manager at the time of the notice (including each data element type that relates to a customer or Walmart employee, if any) and the corrective action already taken or to be taken by Manager. The notice shall be timely supplemented in the detail reasonably requested by Walmart, inclusive of relevant forensic reports to the extent not privileged (in the event of privileged reports, Manager shall provide a reasonably detailed summary of findings relevant to the Data Incident). Manager shall promptly take all necessary and advisable corrective actions, and shall cooperate fully with Walmart in all reasonable efforts to mitigate the adverse affects of Data Incident and to prevent its recurrence. Manager acknowledges that it is solely responsible for the confidentiality and security of Walmart Information in its possession, custody or control, or for which Manager is otherwise responsible under the Agreement, and shall hold Walmart harmless from any suspected or actual breach or other compromise of Walmart Information caused by or attributable to Manager. The parties will collaborate on whether any notice of breach is required to be given to any person, and if so, the content of that notice. Walmart will designate signatory to the notice. Manager will bear all costs of the notice of breaches caused by or attributable to Manager. If Walmart reasonably determines that the Data Incident is likely to have substantial adverse impact on Walmart’s relationship with its customers or associates or otherwise substantially harm its reputation, Walmart may suspend the Services provided by Manager under this Agreement or any other contract.

Data Incidents. Manager agrees For the avoidance of doubt, this clause 11.3 only applies to immediately notify Walmart’s Emergency Operations Center Data Incidents or Eligible Data Breaches in relation to Personal Information provided by phone (479.277.1001) of any reasonably suspected or actual loss of data or breach or compromise of its Security Program which has or may result the Customer to VITG in the loss course of or unauthorized accessin connection with this Agreement. To the extent that the Notifiable Data Breach scheme under the Privacy Act applies to VITG, disclosure, use or acquisition if VITG becomes aware of Walmart Information (including hard copy records) or otherwise presents a potential threat to any Walmart systems (“Data Incident”). While , VITG will: (i) notify the initial phone notice may be in summary form, a comprehensive written notice should be given within 48 hours to Walmart’s Chief Privacy Officer, 702 SW 8th Street, Bentonville, AR and its Chief Information Security Officer, 805 Moberly Lane, Bentonville, AR. The notice shall summarize in reasonable detail the nature and scope Customer of the Data Incident known to Manager at the time of the notice by telephone or email. (including each data element type ii) retain system logs and other information that relates to a customer or Walmart employee, if any) and the corrective action already taken or to may be taken by Manager. The notice shall be timely supplemented in the detail reasonably requested by Walmart, inclusive of relevant forensic reports to the extent not privileged (in the event of privileged reports, Manager shall provide a reasonably detailed summary of findings relevant to the Data Incident). Manager shall promptly take all necessary and advisable corrective actions, and shall cooperate fully with Walmart in all reasonable efforts to mitigate the adverse affects of Data Incident and to prevent its recurrence. Manager acknowledges that it is solely responsible for the confidentiality and security of Walmart Information in its possession, custody or control, or for which Manager is otherwise responsible under to assessing the Agreement, and shall hold Walmart harmless from any suspected cause or actual breach or other compromise of Walmart Information caused by or attributable to Manager. The parties will collaborate on whether any notice of breach is required to be given to any person, and if so, the content of that notice. Walmart will designate signatory to the notice. Manager will bear all costs impact of the notice of breaches caused by or attributable Data Incident. (iii) provide all information VITG reasonably believes is relevant to Manager. If Walmart reasonably determines that the Data Incident reasonably requested by the Customer for the purposes of investigating the Data Incident; and (iv) immediately take all action reasonably necessary to: (A) mitigate the impact of the Data Incident (including to restore or recover any lost Data); and (B) prevent any repeat of the Data Incident in the Future. If VITG suspects a Data Incident has occurred, VITG will, within 30 days of the Data Incident, prepare an assessment to determine whether a Data Incident has occurred. If the Customer suspects that that a Data Incident has occurred, VITG will, within 30 days of the Customer giving VITG a written notice that the Customer believes a Data Incident has occurred, prepare an assessment to determine whether there are reasonable grounds to believe that a Data Incident has occurred, and that VITG's costs of preparing such assessment will be payable by the Customer (at VITG's usual hourly or daily rates with respect to professional services). If a Data Incident occurs and it is an Eligible Data Breach that must be notified under the Privacy Act, then unless VITG agrees otherwise: (i) VITG will prepare and submit the notification to the Office of the Australian Information Commissioner; and (ii) VITG will be the sole Party to notify the individuals who are likely to be at risk of harm arising from the Data Incident. If VITG does not have substantial adverse impact on Walmart’s relationship with the contact details of affected individuals in relation to an Eligible Data Breach, VITG may prepare a statement for the Customer to send to affected individuals and the Customer must send that statement (without amendment or variation whatsoever). The Customer must do all things reasonably requested by VITG to allow VITG to perform its customers or associates or otherwise substantially harm responsibilities and exercise its reputation, Walmart may suspend the Services provided by Manager rights under this Agreement or any other contractclause 11.3.