Personal Information and User Data Clause Samples
Personal Information and User Data. Each Company has at all times materially complied with all applicable Laws, privacy policies and notices, and contractual obligations relating to privacy, data protection and the collection, compilation, sharing, use, processing, storage, transfer, disclosure, destruction, or security from unauthorized disclosure of personally identifiable information (“Personal Information”) or User Data collected, used or held for use by either Company (“Company Privacy Laws”). With respect to Personal Information and User Data, each Company takes reasonable measures to ensure that such information is protected against loss and against unauthorized access, modification, use or disclosure, including the establishment and implementation of policies, programs, and procedures that are commercially reasonable, including administrative, technical, and physical safeguards, to protect the confidentiality, integrity, and security of Personally Information and User Data in its possession, custody or control against unauthorized access, use, modification, disclosure, or other misuse. Each Company is in compliance with the terms of all Contracts to which such entity is a party relating to data, privacy, security, or breach notification (including provisions that impose conditions or restrictions on the collection, use, storage, transfer, or disposal of Personally Information or User Data. Except for disclosures of Personal Information or User Data required by Law or authorized by the provider of the Personal Information or User Data, neither Company sells, rents or otherwise makes available to third parties any such Personal Information. There have been no breaches involving any Personal Information or User Data held or collected by either Company. There is not, and never has been, any Action pending or threatened against either Company alleging a violation of any Person’s privacy, data protection or data rights or Company Privacy Laws, nor has there been any court decision or order restricting or limiting the use, transfer or disclosure by either Company of any customer information or information or Personal Information or User Data received through the Web Sites. The consummation of the transactions contemplated by the Transaction Documents and the transfer of any information in connection therewith will not breach or otherwise cause any violation of any Company Privacy Laws.
Personal Information and User Data. Except as would not reasonably be expected to be, individually or in the aggregate, material to Polycom and its Subsidiaries, taken as a whole, each Polycom Company has at all times since March 1, 2015 complied with and currently complies with (i) any Contracts to which such Polycom Company is a party relating to privacy, data protection and the collection, compilation, sharing, use, processing, storage, transfer or security from unauthorized disclosure of personally identifiable information (“Personal Information”), (ii) Polycom Privacy Policies, (iii) all consents and authorizations that apply to such Polycom Company’s receipt, access, use and disclosure of Personal Information (as defined below) and for which such Polycom Company has been provided a copy or otherwise made aware of the requirements of the consent or authorization, and (iv) all applicable Laws relating to privacy, data protection, sales and marketing, and the collection, compilation, sharing, use, processing, storage, transfer or security from unauthorized disclosure of Personal Information or User Data collected, used or held for use by such Polycom Company. Without limiting the generality of the foregoing, Personal Information includes any information relating to an identified or identifiable natural person; and provided further that an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier. Except as would not reasonably be expected to be, individually or in the aggregate, material to Polycom and its Subsidiaries, taken as a whole, the Polycom Companies contractually require all third parties, including vendors, Affiliates, and other persons providing services to any Polycom Company that have access to or receive Personal Information from or on behalf of any Polycom Company to comply with all applicable Laws and to take all reasonable steps to ensure that all Polycom Personal Information in such third parties’ possession or control is protected against damage, loss, and against unauthorized access, acquisition, use, modification, disclosure or other misuse. Except for disclosures of Personal Information or User Data required by Law, authorized by the provider of the Personal Information or User Data or in accordance with the applicable Contract, no Polycom Company sells, rents or otherwise makes available to third parties any such Perso...