Common use of Loss of Data Clause in Contracts

Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor that relate to the protection of the security, confidentiality, or integrity of Citizens Data, Vendor shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulations; (b) cooperate fully with Citizens in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations or as otherwise required by Citizens; (c) in the case of PII, at Citizens’ sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Citizens’ obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Citizens for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens in connection with the occurrence; (g) be responsible for recreating lost Citizens Data in the manner and on the schedule set by Citizens without charge to Citizens; and, (h) provide to Citizens a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulations, be written in plain language, and contain, at a minimum: name and contact information of Vendor’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Vendor. This Section shall survive the termination of this Agreement.

Appears in 3 contracts

Samples: Master Agreement for Software as a Service, Software as a Service (Saas) Agreement, Terms and Conditions Agreement

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Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Subscriber Data or the physical, technical, administrative, or organizational organisational safeguards put in place by Vendor Service Provider that relate to the protection of the security, confidentiality, or integrity of Citizens Subscriber Data, Vendor Service Provider shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulationsSubscriber as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate fully with Citizens Subscriber in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations law or as otherwise required by CitizensSubscriber; (c) in the case of PII, at Citizens’ Subscriber’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens Subscriber for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Citizens’ Subscriber’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Citizens Subscriber for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens Subscriber in connection with the occurrence; (g) be responsible for recreating lost Citizens Subscriber Data in the manner and on the schedule set by Citizens Subscriber without charge to CitizensSubscriber; and, (h) provide to Citizens Subscriber a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor Service Provider will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulationslaw, be written in plain language, and contain, at a minimum: name and contact information of VendorService Provider’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor Service Provider has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by VendorService Provider. This Section shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Master Software as a Service Agreement, Master Software as a Service Agreement

Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Subscriber Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor Service Provider that relate to the protection of the security, confidentiality, or integrity of Citizens Subscriber Data, Vendor Service Provider shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulationsSubscriber as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate fully with Citizens Subscriber in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations law or as otherwise required by CitizensSubscriber; (c) in the case of PII, at Citizens’ Subscriber’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens Subscriber for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Citizens’ Subscriber’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Citizens Subscriber for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens Subscriber in connection with the occurrence; (g) be responsible for recreating lost Citizens Subscriber Data in the manner and on the schedule set by Citizens Subscriber without charge to CitizensSubscriber; and, (h) provide to Citizens Subscriber a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor Service Provider will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulationslaw, be written in plain language, and contain, at a minimum: name and contact information of VendorService Provider’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor Service Provider has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by VendorService Provider. This Section shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Software as a Service Agreement, Master Software as a Service Agreement

Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Subscriber Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor that relate to the protection of the security, confidentiality, or integrity of Citizens Subscriber Data, Vendor shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulationsas soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate fully with Citizens in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations law or as otherwise required by Citizens; (c) in the case of PII, at Citizens’ Citizen’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Citizens’ Subscriber’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Citizens Subscriber for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens in connection with the occurrence; (g) be responsible for recreating lost Citizens Subscriber Data in the manner and on the schedule set by Citizens without charge to Citizens; and, (h) provide to Citizens a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulationslaw, be written in plain language, and contain, at a minimum: name and contact information of Vendor’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor vendor has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Vendor. This Section shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Medical and Prescription Benefits Program Agreement

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Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor Company that relate to the protection of the security, confidentiality, or integrity of Citizens Customer Data, Vendor Company shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulationsCustomer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate fully with Citizens Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations law or as otherwise required by CitizensCustomer; (c) in the case of Personally Identifiable Information (PII), at Citizens’ Customer’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve six (126) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Citizens’ obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Citizens for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens in connection with the occurrence; (g) be responsible for recreating lost Citizens Data in the manner and on the schedule set by Citizens without charge to Citizens; and, (h) provide to Citizens a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulationslaw, be written in plain language, and contain, at a minimum: name and contact information of VendorCompany’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor Company has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by VendorCompany. This Section shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Saas Services Agreement

Loss of Data. Vendor acknowledges and agrees that is subject to Section 501.171, Florida Statutes and other applicable laws and regulations related to information security and data privacy. In the event of any act, error or omission, gross negligence, willful misconduct, or material breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Citizens Subscriber Data or the physical, technical, administrative, or organizational safeguards put in place by Vendor Service Provider that relate to the protection of the security, confidentiality, or integrity of Citizens Subscriber Data, Vendor Service Provider shall, as applicable: (a) notify Citizens in accordance with appliable laws and regulationsSubscriber as soon as practicable but no later than forty-eight (48) hours of becoming aware of such occurrence; (b) cooperate fully with Citizens Subscriber in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or regulations law or as otherwise required by CitizensSubscriber; (c) in the case of PII, at Citizens’ Subscriber’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Citizens indemnify and hold Subscriber harmless for any costs in notifying the affected individuals; (d) in the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve six (126) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law and the Data Processing Addendum (see clause 9.9) as a result of the occurrence; (f) without limiting Citizens’ Subscriber’s obligations of indemnification as further described in this Agreement, indemnify, defend, indemnify and hold harmless Citizens Subscriber for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Citizens Subscriber in connection with the occurrenceoccurrence (other than Claims arising out of or relating to Subscriber’s gross negligence, willful misconduct, fraud or bad faith); (g) be responsible for recreating lost Citizens Subscriber Data in the manner and on the schedule set by Citizens Subscriber without charge to CitizensSubscriber; and, (h) provide to Citizens Subscriber a detailed plan within ten (10) calendar days of the occurrence describing the measures Vendor Service Provider will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable laws and regulationslaw, be written in plain language, and contain, at a minimum: name and contact information of VendorService Provider’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Vendor Service Provider has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by VendorService Provider. This Section shall survive the termination of this Agreement.. In the case of a Loss of Data, please contact the following: For Subscriber: COMPANY NAME Name: Phone: Email: For Service Provider: Name: EnterpriseJungle DevOps Team Phone: (000) 000-0000 Email: xxxxxx@xxxxxxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: Software as a Service Agreement

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