Access and Security Customer shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Hosted Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Hosted Services.
Safety and Security Contractor is responsible for maintaining safety in the performance of this Agreement. Contractor shall be responsible to ascertain from the District the rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present.
Privacy and Security (a) Each of the Company and its Subsidiaries complies (and requires and monitors the compliance of applicable third parties) in all material respects with all applicable Laws relating to privacy or data security, and reputable industry practice, standards, self-governing rules and policies and their own published, posted and internal agreements and policies (which are in conformance with reputable industry practice) (all of the foregoing collectively, “Privacy Laws”) with respect to: (i) personally identifiable information (including name, address, telephone number, electronic mail address, social security number, bank account number or credit card number), sensitive personal information and any special categories of personal information regulated thereunder or covered thereby (“Personal Information”), whether any of same is accessed or used by the Company or any of its Subsidiaries or any of their respective business partners; and (ii) non-personally identifiable information, whether any of same is accessed or used by the Company or any of its Subsidiaries or any of their respective business partners.
(b) Neither the Company nor any of its Subsidiaries uses, collects, or receives any Personal Information or sensitive non-personally identifiable information and does not become aware of the identity or location of, or identify or locate, any particular Person as a result of any receipt of such Personal Information, in a manner which would materially breach or violate any Privacy Laws and materially and adversely impact the business of the Company and its Subsidiaries, taken as a whole.
(c) To the Company’s knowledge, Persons with which the Company or any of its Subsidiaries have contractual relationships have not breached any agreements or any Privacy Laws pertaining to Personal Information and to non-personally identifiable information.
(d) To the Company’s knowledge, the Company and its Subsidiaries take all commercially reasonable steps to protect the operation, confidentiality, integrity and security of their respective business systems and websites and all information and transactions stored or contained therein or transmitted thereby against any unauthorized or improper use, access, transmittal, interruption, modification or corruption, and there have been no material breaches of same. Without limiting the generality of the foregoing, each of the Company and its Subsidiaries (i) uses industry standard encryption technology and (ii) has implemented a comprehensive security plan that (1) identifies internal and external risks to the security of the Company’s or its Subsidiaries’ confidential information and Personal Information and (2) implements, monitors and improves adequate and effective safeguards to control those risks.
Data Protection and Security A. In this Agreement the following terms shall have the meanings respectively ascribed to them:
UNION RECOGNITION AND SECURITY 3.1 The Employer recognizes the Union as the sole bargaining authority for all employees covered by this Agreement and coming within the jurisdiction of the Union. The Union recognizes that the Association is the sole bargaining authority for all subcontractors of the Employer covered by this Agreement and coming within the jurisdiction of the Union.
3.2 The Employer shall be the judge as to the competency of any employee, and shall have the right to discharge men for just cause. The Employer, if requested by the Union, shall provide a termination slip which shall state the reason for discharge or lay-off occurring prior to job completion and whether the employee is eligible for rehire.
3.3 All employees covered by this Agreement, as a condition of continued employment, shall, commencing on the eighth (8th) day following the beginning of such employment, or the effective date of this Agreement, whichever is later, acquire and maintain membership in the Union during the term of their employment.
3.4 Subject to the provisions of Art. 3.2 and Art. 5.8 hereof, the appointment of Journeymen to the capacities of Pipe, Welding, or Tie-in Foremen who shall be members of the Union, is the responsibility of the Employer. Such appointment shall not be interfered with by the Union.
3.5 The Employer recognizes the right of the Union to enforce its Constitution in that the Employer undertakes to provide all welding equipment and shall not employ any employee who provides any vehicle or equipment. No rental equipment shall be utilized to circumvent the intent of this provision.
3.6 The Employer shall require of his employees, as a condition of employment, that an automatic deduction be made from the employee's pay of a sum equal to the regular monthly Union dues.
3.7 As a condition of hiring and continuing employment each employee shall sign the proper authorization form which authorizes the Employer to deduct working dues, initiation fees, and assessments from the employee's pay. The Union will notify the Association in writing as to the amount of fees, dues and assessments to be deducted from the wages of employees from time to time.
3.8 All dues, fees and assessments so deducted shall be remitted to the Local Union not later than the twentieth (20th) of the month following, together with a list showing the amount deducted for each employee.
3.9 The Local Union's Business Manager shall, at the start of a job (i.e. rigging up for pipe operations) select one of its Journeymen members who shall be placed on the Employer's payroll and recognized as the Job Xxxxxxx; such appointment to be confirmed by letter to the Employer. If the Xxxxxxx selected by the Business Manager is objected to by the Employer for valid reason, the Business Manager shall select another Journeyman as Xxxxxxx to whom the Employer has no reasonable objection.
3.10 The Job Xxxxxxx shall perform his duties the same as any other Journeyman and shall not be discharged for Union activities. The Job Xxxxxxx shall be allowed a reasonable amount of time during the working hours to perform the work of the Union but shall not abuse the privilege. On Mainline Pipeline jobs the Job Xxxxxxx shall be the last Journeyman in his classification remaining on the job provided he is competent to perform the work to be completed. Where a main pipe gang and a poor boy pipe gang are used, an Assistant Xxxxxxx may be selected, where warranted, as agreed upon between the Employer and the Union at the Pre-job Conference or by subsequent arrangement. The Assistant Xxxxxxx shall report all matters of concern to the Job Xxxxxxx who will deal with any problem or grievance with the representative of the Employer. Where, on a loop line construction job, crews are working out of separate warehouses or marshalling points, the Union shall have the right to appoint an Assistant Xxxxxxx for and during the continuation of operations out of each separate warehouse or marshalling point. There shall be no non-working Job Xxxxxxx or Assistant Stewards. The Job Xxxxxxx shall be notified of any disciplinary warning given to any employee.
3.11 The Business representative of the Local Union shall have access to any job at any time, providing notice is given to the available Employer's representative on the jobsite.
3.12 In the event of an illegal work stoppage by employees covered by the terms and conditions of this Agreement, those employees not performing work during the work stoppage shall not receive any compensation whatsoever for days not worked.
3.13 It is recognized that traditionally all work combined with, associated with or comprising an integral part of pipeline construction as defined in Article 1 hereof, comes solely within the trade jurisdiction of four International Unions, commonly referred to as the "pipeline craft unions" and their Local Unions which are affiliated with Building and Construction Trades Councils, AFL-CIO. The recognition of this historical precedent is hereby re-affirmed.
3.14 The Employer agrees that, notwithstanding the provisions in any of the other three pipeline crafts’ agreements, appendices or understandings, the assignment of any work shall be made in accordance with local area practice and Provincial Labour Board decisions.
Background Screening and Security All Contractor employees, Subcontractors and agents performing work under the Contract must comply with all security and other requirements of the Department or the Customer.
Data Privacy and Security Bank will implement and maintain a written information security program, in compliance with all federal, state and local laws and regulations (including any similar international laws) applicable to Bank, that contains reasonable and appropriate security measures designed to safeguard the personal information of the Funds' shareholders, employees, trustees and/or officers that Bank or any Subcustodian receives, stores, maintains, processes, transmits or otherwise accesses in connection with the provision of services hereunder. In this regard, Bank will establish and maintain policies, procedures, and technical, physical, and administrative safeguards, designed to (i) ensure the security and confidentiality of all personal information and any other confidential information that Bank receives, stores, maintains, processes or otherwise accesses in connection with the provision of services hereunder, (ii) protect against any reasonably foreseeable threats or hazards to the security or integrity of personal information or other confidential information, (iii) protect against unauthorized access to or use of personal information or other confidential information, (iv) maintain reasonable procedures to detect and respond to any internal or external security breaches, and (v) ensure appropriate disposal of personal information or other confidential information. Bank will monitor and review its information security program and revise it, as necessary and in its sole discretion, to ensure it appropriately addresses any applicable legal and regulatory requirements. Bank shall periodically test and review its information security program. Bank shall respond to Customer's reasonable requests for information concerning Bank's information security program and, upon request, Bank will provide a copy of its applicable policies and procedures, or in Bank's discretion, summaries thereof, to Customer, to the extent Bank is able to do so without divulging information Bank reasonably believes to be proprietary or Bank confidential information. Upon reasonable request, Bank shall discuss with Customer the information security program of Bank. Bank also agrees, upon reasonable request, to complete any security questionnaire provided by Customer to the extent Bank is able to do so without divulging sensitive, proprietary, or Bank confidential information and return it in a commercially reasonable period of time (or provide an alternative response that reasonably addresses the points included in the questionnaire). Customer acknowledges that certain information provided by Bank, including internal policies and procedures, may be proprietary to Bank, and agrees to protect the confidentiality of all such materials it receives from Bank. Bank agrees to resolve promptly any applicable control deficiencies that come to its attention that do not meet the standards established by federal and state privacy and data security laws, rules, regulations, and/or generally accepted industry standards related to Bank's information security program. Bank shall: (i) promptly notify Customer of any confirmed unauthorized access to personal information or other confidential information of Customer ("Breach of Security"); (ii) promptly furnish to Customer appropriate details of such Breach of Security and assist Customer in assessing the Breach of Security to the extent it is not privileged information or part of an investigation; (iii) reasonably cooperate with Customer in any litigation and investigation of third parties reasonably deemed necessary by Customer to protect its proprietary and other rights; (iv) use reasonable precautions to prevent a recurrence of a Breach of Security; and (v) take all reasonable and appropriate action to mitigate any potential harm related to a Breach of Security, including any reasonable steps requested by Customer that are practicable for Bank to implement. Nothing in the immediately preceding sentence shall obligate Bank to provide Customer with information regarding any of Bank's other customers or clients that are affected by a Breach of Security, nor shall the immediately preceding sentence limit Bank's ability to take any actions that Bank believes are appropriate to remediate any Breach of Security unless such actions would prejudice or otherwise limit Customer's ability to bring its own claims or actions against third parties related to the Breach of Security. If Bank discovers or becomes aware of a suspected data or security breach that may involve an improper access, use, disclosure, or alteration of personal information or other confidential information of Customer, Bank shall, except to the extent prohibited by Applicable Law or directed otherwise by a governmental authority not to do so, promptly notify Customer that it is investigating a potential breach and keep Customer informed as reasonably practicable of material developments relating to the investigation until Bank either confirms that such a breach has occurred (in which case the first sentence of this paragraph will apply) or confirms that no data or security breach involving personal information or other confidential information of Customer has occurred. For these purposes, "personal information" shall mean (i) an individual's name (first initial and last name or first name and last name), address or telephone number plus (a) social security number, (b) driver's license number, (c) state identification card number, (d) debit or credit card number, (e) financial account 22 number, (f) passport number, or (g) personal identification number or password that would permit access to a person's account or (ii) any combination of the foregoing that would allow a person to log onto or access an individual's account. This provision will survive termination or expiration of the Agreement for so long as Bank or any Subcustodian continues to possess or have access to personal information related to Customer. Notwithstanding the foregoing "personal information" shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.
