DATA PRIVACY Security. AvePoint shall use commercially rea- sonable technical and organisational measures designed to prevent unauthorised access, use, alteration, or disclo- sure of the Solutions or Customer Data, as further de- scribed in AvePoint’s then-current DPIS Policy. Customer Data. All Personal Data received or collected by AvePoint in connection with the performance of this Agreement (including its amendments) will be pro- cessed in accordance with AvePoint’s Privacy Policy, which can be accessed at xxxx://xxx.xxxxxxxx.xxx/com- pany/privacy-policy, as amended from time to time. Any Personal Data received or collected by AvePoint or its Af- filiates will further be processed in accordance with appli- cable data protection laws. Where the Personal Data is that of a third party, Customer certifies that it has obtained that data pursuant to applicable data protection laws and has obtained all necessary authorisations and consents with respect to such information. AvePoint shall maintain ad- ministrative, physical, and technical safeguards for protec- tion of the security, confidentiality and integrity of Cus- tomer Data and Business Contact Information, including, but not limited to measures for preventing access, use, modification or disclosure of Customer Data or Business Contact Information except (a) to provide the SaaS Solu- tions and prevent or address service or technical prob- lems; (b) as compelled by law; or (c) as expressly permitted by Customer in writing. Such specific safeguards shall be as set forth in the Documentation. When providing Cus- tomer Data or Business Contact Information, Customer shall not under any circumstances provide Personal Data to AvePoint for the processing of such data on behalf of Customer, as defined in Article 28.1 GDPR, unless agreed otherwise by way of a separate written agreement be- tween the Parties. All Customer Data passing through SaaS Solutions is stored by AvePoint in a Customer-selected data centre. If there is a geographic region indicated on the applicable Order or the website where Customer reg- isters for the SaaS Solutions, Customer Data and all oper- ations will reside and execute from that geographic re- gion's data centre, save for (temporary) emergency CONFIDENTIALITÉ DES DONNÉES Données du client. Toutes les Données Personnelles re- çues ou collectées par AvePoint dans le cadre de l'exécu- tion du présent Contrat (y compris ses modifications) se- ront traitées conformément à la Politique de Confidentialité d'Ave...
DATA PRIVACY Security. The Company does not sell or rent any Personal Information collected, used or disclosed to it. The Company has at all times complied with all applicable Laws regarding the collection, retention, transfer, use and protection of Personal Information, except where failure to comply would not reasonably be expected to have a Material Adverse Effect. The Company has not experienced any loss, damage or unauthorized access, disclosure, use or breach of security of any Personal Information in its possession. The Company uses commercially reasonable efforts to safeguard any personally identifiable information that it obtains. To the Knowledge of the Company, the Company is and has been in compliance in with all applicable Laws relating to loss, theft and breach of security notification obligations, in each case as they relate to Personal Information.
DATA PRIVACY Security a. To the extent that AIPP processes personal data (as that term is defined under applicable law) pursuant to this Agreement it shall do so in accordance with its Privacy Policy available at xxxxx://xxxxxxxxxx.xxx.xxx/privacy/. For the avoidance of doubt, AIPP is and shall remain the controller (or similar term under applicable law) of personal data processed under this Agreement.
b. AIPP will use reasonable and appropriate technical, organizational, and administrative security measures designed to prevent loss, misuse, corruption, or disclosure of and/or unauthorized access, alteration or destruction to personal data held in its custody under this Agreement.
DATA PRIVACY Security. (a) The Acquired Entity and the Purchased Subsidiaries have implemented and maintain a commercially reasonable written information security program, including commercially 97989374_16 reasonable organizational, physical, administrative, and technical safeguards designed to protect the security, confidentiality, integrity and availability of their Systems and all Sensitive Data they Process.
(b) Each of the Acquired Entity and each Purchased Subsidiary is, to the Knowledge of the Seller, (i) not in breach of any contractual obligations of confidentiality which they owe to any third party and (ii) in material compliance with its public-facing privacy policies and with all applicable Laws and Contracts regarding privacy, cybersecurity and Personal Information (but with respect to Contracts, only with respect to those provisions regarding privacy, cybersecurity and Personal Information), including with respect to the collection, storage, transmission, transfer (including cross-border transfers), disclosure, use, and other processing of Personal Information (the “Privacy Obligations”). To the Knowledge of the Seller, since the date that is three years prior to the date hereof, there have not been any incidents of, or third party claims alleging (A) Security Breaches or (B) unauthorized access or unauthorized use of any Systems, in each case of (A) and (B), that have had a material impact on the Business. Neither the Acquired Entity nor the Purchased Subsidiaries have notified in writing, or to the Knowledge of the Seller, been required by applicable Law, Governmental Authorities or other Privacy Obligations, to notify in writing, any Person of any Security Breach. Since the date that is one year prior to the date hereof, neither the Acquired Entity nor the Purchased Subsidiaries have received any written notice of any claims, investigations (including investigations by a Governmental Authority), or alleged violations of Laws or other Privacy Obligations with respect to Personal Information processed by the Acquired Entity or the Purchased Subsidiaries.
(c) Since the date that is one year prior to the date hereof, the Acquired Entity and the Purchased Subsidiaries have not been subjected to an audit of any kind in connection with any Contract pursuant to which they use any third-party System, nor received any notice of intent to conduct any such audit.
DATA PRIVACY Security. (a) The Group Companies are, and during the past three (3) years have been, in material compliance with the Data Protection Requirements. To the extent applicable, each Group Company has all necessary authority, rights, consents and authorizations to Process any Personal Information maintained by or for each Group Company to the extent required in connection with the operation of each Group Company’s business as currently conducted. During the past 3 years, each Group Company has at all times provided accurate notice of its privacy practices on its websites, such privacy policies are comprehensive, accurate and fully implemented, and they have not contained any material omissions of any Group Company’s privacy practices nor, to the knowledge of the Company, have they been misleading, deceptive or in violation of Data Protection Laws in any material respect.
(b) There has been no material occurrence of (x) unlawful or unauthorized destruction, loss, use, modification or disclosure of or access to Personal Information owned, stored, used, maintained or controlled by or on behalf of any Group Company such that Data Protection Requirements require or required the Group Company to notify Governmental Entities, affected individuals or other parties of such occurrence or (y) unauthorized access to or disclosure of the Group Companies’ confidential information or trade secrets. Except as set forth on Schedule 3.22(b), (i) no Group Company has received any written complaint or notice of investigation, including but not limited to inquiries or other communications from any Person, entity or Governmental Entity regarding any Group Company or any of any Group Company’s agents’, employees’ or independent contractors’ uses or disclosures of, or security practices or security incidents regarding, Personal Information, nor any written complaint from any third party regarding the improper disclosure of Personal Information by any Group Company or any Group Company agent, employee or independent contractor; and (ii) no Group Company has incurred any material liabilities under any applicable Data Protection Requirements relating to the privacy or security of Personal Information. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Data Protection Requirements.
(c) The information technology assets and equipment, computers, systems, networks, hardware, software, websites, application...
DATA PRIVACY Security. 8.1 Customer understands that the use of the Licensed Software may require Customer to register individual user accounts with Pulsar. Customer is responsible for maintaining the confidentiality of any account, user name, or password information used in conjunction with the Licensed Software and for restricting access to Customer’s computer and account. Customer is responsible for all activities that occur under Customer’s account or password.
8.2 Pulsar has established an online privacy policy, which is available at xxx.xxxxxxxxxxxxxxxxx.xxx (“Privacy Policy”). By using the Licensed Software, Customer consents to Pulsar’s collecting, storing, and processing Customer’s Primary Data in accordance with this Policy.
8.3 The Licensed Software is designed to be accessed through the Internet and thus makes use of third-party hardware, networking equipment, telecommunications services, and other information technology infrastructure. Pulsar makes commercially reasonable efforts to protect the privacy and security of data and Customer’s use of the Licensed Software. Pulsar has taken precautions in the design of the Licensed Software to assure that ordinary use of the Licensed Software will not result in the breach of any privacy-related regulations. Notwithstanding the foregoing, it may be possible for some individuals to utilize illegal methods to input, track, store, or otherwise access data not in accordance with the Licensed Software’s intended use. CUSTOMER HEREBY ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS NOT INTENDED FOR SUCH USE AND THAT SHOULD CUSTOMER CHOOSE TO USE THE SOFTWARE IN SUCH A MANNER, CUSTOMER ALONE ASSUMES ALL RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE DATA PRIVACY LAWS. CUSTOMER FURTHER AGREES TO INDEMNIFY PULSAR FOR ANY AND ALL DAMAGES AND OTHER ACCRUED LIABILITIES CAUSED BY CUSTOMER’S USE OF THE LICENSED SOFTWARE IN VIOLATION OF THIS PROVISION.
DATA PRIVACY Security. Client recognizes that it may have responsibilities under various data protection and privacy laws, including, but not limited to the US Health Insurance Portability and Accountability Act (“HIPAA”) and the EU General Data Protection Regulation (GDPR), and will comply with such applicable obligations with regard to any and all personally identifiable information, personal health information, personal data and/or any and all sensitive, confidential or protected information ("PI") regarding any Member, and/or any individual for whom Company holds such information or for whom Company will provide Services ("Company PI") by executing all other documents required by any applicable data protection or privacy law, including, without limitation, a business associate agreement, data processing agreement, joint controller agreement or any similar required document, and also by doing the following:
a. only use Company PI as specifically instructed by Client;
b. place commercially reasonable safeguards in place to ensure that Company PI is safe from disclosure, misuse or theft;
c. assist Company if Company is asked to respond to any request relating to the privacy of Company PI as a result of this Agreement;
d. require that any of Client’s agents or sub-contractors that have access to, process, or hold any Company PI comply with the provisions of this paragraph;
e. upon notice from Company or any authorized governmental or regulatory entity, stop and remediate any unauthorized processing of Company PI; and
f. provide immediate notice to Company if Client can no longer comply with the provisions of this paragraph.
DATA PRIVACY Security. Except for information collected and maintained by the Sellers with respect to their respective employees, neither of the Sellers collects any personal information in connection with the conduct of the Business and does not sell or rent any of the information it has collected with respect to its employees. Each of the Sellers has established and implemented policies, programs and procedures that are commercially reasonable to protect the confidentiality, integrity and security of any personal information concerning the applicable Seller’s employees against unauthorized access, use, modification, disclosure or other misuse. Neither of the Sellers has experienced any loss or unauthorized access, disclosure, use or breach of security of any personal information in its possession.
DATA PRIVACY Security. For the purposes of this Agreement, Personal Identifiable Information (“PII”) means nonpublic personal information (as defined in 15 U.S.C. 6809 (4) and the regulations promulgated thereunder) of prospects, applicants, past or present policyholders or individuals insured by health insurance, or other insurance consumer individuals received by You and/or Your Downlines in connection with Your performance under this Agereement, including, without limitation, name, address, telephone number, email address, date of birth, Social Security number, driver’s license number, insurance or annuity policy number, Medicare identification number, bank account and routing numbers, credit/debit card numbers, government issued identification number, health and medical information (including payment for medical treatment), net worth and financial asset information, information created through the insurance underwriting process, consumer credit reports, log-in credentials, signature images, and any other unique identifier that is not publically available. You agree that any and all PII collected, accessed, stored, or transmitted by You and/or Your Downlines, or anyone on Your behalf, in connection with the performance of Agent Services under this Agreement shall be used only as necessary to fulfill Agent Services under this Agreement. You shall not collect, access, store, transmit or otherwise disclose PII for any purpose, or to any person other than the Company or the individual who is the subject of the PII, unless specifically authorized in writing by the Company or otherwise permitted by law. You shall establish physical, electronic, and administrative procedures to protect the security and confidentiality of PII. You shall be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use and disclosure of PII and You shall be responsible for, and remain liable to, the Company’s clients and to the Company for Your actions, and actions of Your Downlines. The definition of PII shall also fully incorporate the meanings of “Individually Identifiable Health Information,” “Protected Health Information” and “Nonpublic Personal Information” as defined in regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and the Gramm Xxxxx Xxxxxx Act of 1999 respectively. This Section 14 survives the termination of this Agreement.
DATA PRIVACY Security. No Protected Health Information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996), other than the Protected Health Information necessary for a Party to carry out the Collaboration, will be provided by a Party to the other Party under this Agreement. If Adaptive intends to makes any Protected Health Information available to Microsoft for use in the Collaboration, Adaptive will first notify Microsoft of such intent and provide documentation of: (i) the source of the data, (ii) any required consents, approvals and authorizations necessary for Microsoft to have access to or use such Protected Health Information in the Collaboration, and (iii) any security, privacy, use restrictions or other requirements that would apply to Microsoft’s access to or use of such Protected Health Information. Microsoft may elect to accept or not to accept receiving access to the proposed Protected Health Information following its review of such documentation. For clarity, Adaptive is not required to follow the advance notice process described in this paragraph in order to provide to Microsoft, for use in the Collaboration, anonymous sequencing data (which data must not include any data that could enable the sequencing data to be linked to Protected Health Information of a donor). Microsoft covenants and agrees that it will not store, process or otherwise take any action with respect to data under the Collaboration that causes Adaptive to be subject to the data privacy or data security laws of any jurisdiction other than the United States of America, without Adaptive’s prior written consent.