Common use of Privacy and Data Collection Clause in Contracts

Privacy and Data Collection. Seller has at all times complied with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of Seller. Seller has at all times complied in all material respects with all rules, policies and procedures established by Seller from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of Seller (collectively, the “Seller Privacy Policies”), noncompliance with which would result in a Material Adverse Effect on Seller. No claims have been asserted or, to the knowledge of Seller, threatened against Seller by any Person or governmental entity alleging a violation of such Person’s, or any other Person’s, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on Seller. Seller has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of Seller, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or the consummation of the transaction contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Bridgeline Digital, Inc.), Asset Purchase Agreement (Bridgeline Digital, Inc.), Agreement and Plan of Merger (Bridgeline Digital, Inc.)

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Privacy and Data Collection. Seller has at all times complied with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of Seller. Seller has at all times complied in all material respects with all rules, policies and procedures established by Seller from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of Seller (collectively, the “Seller Privacy Policies”), noncompliance with which would result in a Material Adverse Effect on Seller. No claims have been asserted or, to the knowledge of Seller, threatened against Seller by any Person or governmental entity alleging a violation of such Person’s, or any other Person’s, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on Seller. The Seller has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of Seller, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or the consummation of the transaction Transaction contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bridgeline Digital, Inc.)

Privacy and Data Collection. Seller Bridgeline has at all times complied with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of SellerBridgeline. Seller Bridgeline has at all times complied in all material respects with all rules, policies and procedures established by Seller Bridgeline from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of Seller Bridgeline (collectively, the “Seller Privacy Policies”"PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on SellerEffect. No claims have been asserted or, to the knowledge of SellerBridgeline and the Shareholder, threatened against Seller Bridgeline by any Person or governmental entity alleging a violation of such Person’s's, or any other Person’s's, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on SellerEffect. Seller Bridgeline has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of SellerBridgeline and the Shareholder, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or nor the consummation of the transaction transactions contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bridgeline Software, Inc.)

Privacy and Data Collection. Seller The Company has at all times complied with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of Sellerthe Company. Seller The Company has at all times complied in all material respects with all rules, policies and procedures established by Seller the Company from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of Seller the Company (collectively, the “Seller Privacy Policies”"PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on SellerEffect. No claims have been asserted or, to the knowledge of Sellerthe Company and the Shareholder, threatened against Seller the Company by any Person or governmental entity alleging a violation of such Person’s's, or any other Person’s's, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on SellerEffect. Seller The Company has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of Sellerthe Company and the Shareholder, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or nor the consummation of the transaction transactions contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bridgeline Software, Inc.)

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Privacy and Data Collection. Seller The Company has at all times complied in all respects with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of Sellerthe Company, except where the failure to comply therewith would not have a Material Adverse Effect. Seller The Company has at all times complied in all material respects with all rules, policies and procedures established by Seller the Company from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of Seller the Company (collectively, the “Seller Privacy Policies”"COMPANY PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on SellerEffect. No claims have been asserted or, to the knowledge of Sellerthe Company and the Shareholders, threatened against Seller the Company by any Person or governmental entity alleging a violation of such Person’s's, or any other Person’s's, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Company Privacy Policies, where such violation would have a Material Adverse Effect on SellerEffect. Seller The Company has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of Sellerthe Company and the Shareholders, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or the consummation of the transaction transactions contemplated hereby shall result in any breach or violation of the Seller Company Privacy Policies or violate any Law with respect to such data or information.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bridgeline Software, Inc.)

Privacy and Data Collection. The Seller has at all times complied in all material respects with all laws and regulations relating or applicable to privacy, publicity, data protection, collection, storage, transfer, release and use of personal information and user information gathered or accessed in the course of the business and operations of the Seller. The Seller has at all times complied in all material respects with all rules, policies and procedures established by the Seller from time to time with respect to privacy, publicity, data protection, collection, storage, transfer and use of personal information and user information gathered or accessed in the course of the business and operations of the Seller (collectively, the “Seller Privacy Policies”"SELLER PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on Seller. No claims have been asserted or, to the knowledge of Sellerthe Seller and the Shareholder, threatened against the Seller by any Person or governmental entity alleging a violation of such Person’s's, or any other Person’s's, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on Seller. The Seller has taken commercially reasonable measures (including but not limited to, implementing and monitoring compliance with adequate measures with respect to technical and physical security) to ensure that personal and consumer information is protected against loss and against unauthorized access, use, modification, disclosure or other misuse. To the knowledge of Sellerthe Seller and the Shareholder, there has been no unauthorized access to, use, modification, disclosure or other misuse of such information. Neither the execution, delivery nor performance of this Agreement or the consummation of the transaction transactions contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bridgeline Software, Inc.)

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