Common use of Notification of Security Breach Clause in Contracts

Notification of Security Breach. Vendor shall notify Bank as soon as reasonably practical, but in no event less than forty-eight (48) hours upon discovery or notification of any actual, suspected, potential or threatened Security Breach (as defined below). Vendor agrees to take action immediately, at its own expense, to identify and eradicate (or to equip Bank to identify and eradicate) any further Security Breach and carry out any recovery reasonably necessary to remedy any impact of such Security Breach. Vendor shall also provide Bank with a detailed description of the Security Breach, the type of data that was the subject of the Security Breach, the identity of each affected Person, and any other information Bank may request concerning such affected Persons and the details of the breach, as soon as such information can be collected or otherwise becomes available. Vendor shall also carry out any recovery actions and notify, at its expense, all affected Persons as required by applicable law or by Bank in its sole discretion. The foregoing does not relieve Vendor or prohibit Vendor from commencing any actions related to any notice or other obligations it may have under the law. The content of any filings, communications, notices, press releases, or reports related to any Security Breach (“Notices”) must first be approved by Bank prior to any publication or communication thereof to any third party, except that the foregoing shall not prohibit Vendor from communicating with local, state or federal law enforcement when required to do so by law. Vendor shall pay for or reimburse Bank for all costs, losses and expenses relating to any Security Breach, including without limitation, the cost of Notices; any such costs, losses and/or expenses shall not in any way be limited under this Agreement. “Security Breach” means any event or circumstances that involve unauthorized access, use, or acquisition of data that compromises the confidentiality, integrity or availability of any Synchrony Confidential Information (including any Personal Data) maintained, processed or transmitted by Vendor or any Affiliate of Vendor or subcontractors, or the loss or inability to account for any medium or equipment containing such Synchrony Confidential Information in an unencrypted state or any other circumstances as defined in any applicable local law.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Synchrony Card Issuance Trust), Review Agreement (Synchrony Card Issuance Trust)

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Notification of Security Breach. Vendor shall notify Bank Synchrony Financial as soon as reasonably practical, but in no event less than forty-eight (48) hours upon discovery or notification of any actual, suspected, potential or threatened Security Breach (as defined below). Vendor agrees to take action immediately, at its own expense, to identify and eradicate (or to equip Bank Synchrony Financial to identify and eradicate) any further Security Breach and carry out any recovery reasonably necessary to remedy any impact of such Security Breach. Vendor shall also provide Bank Synchrony Financial with a detailed description of the Security Breach, the type of data that was the subject of the Security Breach, the identity of each affected Person, and any other information Bank Synchrony Financial may request concerning such affected Persons and the details of the breach, as soon as such information can be collected or otherwise becomes available. Vendor shall also carry out any recovery actions and notify, at its expense, all affected Persons as required by applicable law or by Bank Synchrony Financial in its sole discretion. The foregoing does not relieve Vendor or prohibit Vendor from commencing any actions related to any notice or other obligations it may have under the law. The content of any filings, communications, notices, press releases, or reports related to any Security Breach (“Notices”) must first be approved by Bank Synchrony Financial prior to any publication or communication thereof to any third party, except that the foregoing shall not prohibit Vendor from communicating with local, state or federal law enforcement when required to do so by law. Vendor shall pay for or reimburse Bank Synchrony Financial for all costs, losses and expenses relating to any Security Breach, including without limitation, the cost of Notices; any such costs, losses and/or expenses shall not in any way be limited under this Agreement. “Security Breach” means any event or circumstances that involve unauthorized access, use, or acquisition of data that compromises the confidentiality, integrity or availability of any Synchrony Confidential Information (including any Personal Data) maintained, processed or transmitted by Vendor or any Affiliate of Vendor or subcontractors, or the loss or inability to account for any medium or equipment containing such Synchrony Confidential Information in an unencrypted state or any other circumstances as defined in any applicable local law.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Synchrony Credit Card Master Note Trust), Asset Representations Review Agreement (Synchrony Credit Card Master Note Trust)

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