Common use of Privacy and Data Collection Clause in Contracts

Privacy and Data Collection. The 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 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”), noncompliance with which would result in a Material Adverse Effect on Seller. No claims have been asserted or, to the knowledge of the Seller and the Principal Shareholders, threatened against the 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 the Seller and the Principal 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 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. The Seller Bridgeline 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 SellerBridgeline. The Seller Bridgeline has at all times complied in all material respects with all rules, policies and procedures established by the 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 the Seller Bridgeline (collectively, the “Seller Privacy Policies”"BRIDGELINE PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on SellerBridgeline. No claims have been asserted or, to the knowledge of the Seller and the Principal ShareholdersBridgeline, threatened against the 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 Bridgeline Privacy Policies, where such violation would have a Material Adverse Effect on SellerBridgeline. The 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 the Seller and the Principal ShareholdersBridgeline, 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 transactions contemplated hereby shall result in any breach or violation of the Seller Bridgeline 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 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 complied, in all material respects 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”), noncompliance with which would result in a Material Adverse Effect on Seller. No claims have been asserted or, to the knowledge of the Seller and the Principal ShareholdersSeller, threatened against the 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 the Seller and the Principal ShareholdersSeller, 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 Agreement, or the consummation of the 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. The 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 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 the Seller and the Principal Shareholders, 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 the Seller and the Principal ShareholdersSeller, 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 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. The 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 the SellerBridgeline, except where such failure to comply therewith would not have a Material Adverse Effect. The Seller Bridgeline has at all times complied in all material respects with all rules, policies and procedures established by the 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 the Seller Bridgeline (collectively, the “Seller Privacy Policies”"BRIDGELINE PRIVACY POLICIES"), noncompliance with which would result in a Material Adverse Effect on SellerEffect. No claims have been asserted or, to the knowledge of the Seller and the Principal ShareholdersBridgeline, threatened against the 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 Bridgeline Privacy Policies, where such violation would have a Material Adverse Effect on SellerEffect. The 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 the Seller and the Principal ShareholdersBridgeline, 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 transactions contemplated hereby shall result in any breach or violation of the Seller Bridgeline 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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