Common use of Privacy; Data Protection Clause in Contracts

Privacy; Data Protection. Seller has not collected any personally identifiable information concerning users of its products, services and websites from any third parties in connection with the operation of the TRS Business. Seller and, to Seller’s Knowledge, its subcontractors in the TRS Business have complied in all material respects with all Requirements of Law and its privacy policies relating to the privacy of users of Seller’s products, services and websites, including without limitation with respect to the use, collection, storage, disclosure and transfer of any data and personally identifiable information collected by Seller or by third parties having authorized access to the records of Seller. Seller and, to the Knowledge of Seller, its subcontractors have complied in all material respects with all Requirements of Law and its privacy policies relating to the collection, use, storage, transfer, and disclosure of any data and personally identifiable information of any employees, contractors or consultants, both in the United States and internationally. Seller has not received a complaint regarding Seller’s collection, use or disclosure of data, including but not limited to personally identifiable information. The execution, delivery and performance of this Agreement comply with all Requirements of Law relating to privacy and do not violate Seller’s privacy policies. True and correct copies of all such privacy policies are referred to on Schedule 4.21 and are available to Purchaser for review, and Seller and its subcontractors have at all times made all privacy policy disclosures to such users or customers as required by Requirements of Law. None of such disclosures made or contained in any such privacy policy has been inaccurate, misleading or deceptive or in violation of any Requirements of Law. Seller has implemented and maintains a comprehensive plan, or plans, which (i) identifies internal and external risks to the security of data and TRS Confidential Information, including personally identifiable information; (ii) implements, monitors and improves adequate and effective administrative, electronic and physical safeguards to control those risks; (iii) maintains notification procedures in compliance with all Requirements of Law and privacy or other policies in the case of any breach of security compromising data, including unencrypted data containing personally identifiable information; and (iv) adequately provides for the prevention of data loss. Seller has not experienced any data loss, breach of security or otherwise unauthorized access by third parties to TRS Confidential Information, including personally identifiable information, in Seller’s possession, custody or control.

Privacy; Data Protection. Seller has not collected any personally identifiable information concerning users of its products, services and websites from any third parties in connection with the operation of the TRS Businessparties. Seller and, and to Seller’s Knowledge, its subcontractors in the TRS Business have complied in all material respects with all Requirements of Law and its privacy policies relating to the privacy of users of Seller’s products, services and websites, including without limitation with respect to the use, collection, storage, disclosure and transfer of any data and personally identifiable information collected by Seller or by third parties having authorized access to the records of Seller. Seller and, to the Knowledge of Seller, and its subcontractors have complied in all material respects with all Requirements of Law and its privacy policies relating to the collection, use, storage, transfer, and disclosure of any data and personally identifiable information of any employees, contractors or consultants, both in the United States and internationally. Seller has not received a complaint regarding Seller’s collection, use or disclosure of data, including but not limited to personally identifiable information. The execution, delivery and performance of this Agreement comply complies with all Requirements of Law relating to privacy and do does not violate Seller’s privacy policies. True and correct copies of all such privacy policies are referred attached to on Schedule 4.21 and are available to Purchaser for review4.21, and Seller and its subcontractors have at all times made all privacy policy disclosures to such users or customers as required by Requirements of Law. None of such disclosures made or contained in any such privacy policy has been inaccurate, misleading or deceptive or in violation of any Requirements of Law. Seller has implemented and maintains a comprehensive plan, or plans, which (i) identifies internal and external risks to the security of data and TRS Confidential Information, including personally identifiable information; (ii) implements, monitors and improves adequate and effective administrative, electronic and physical safeguards to control those risks; (iii) maintains notification procedures in compliance with all Requirements of Law and privacy or other policies in the case of any breach of security compromising data, including unencrypted data containing personally identifiable information; and (iv) adequately provides for the prevention of data loss. Seller has not experienced any data loss, breach of security or otherwise unauthorized access by third parties to TRS Confidential Information, including personally identifiable information, in Seller’s possession, custody or control.

Privacy; Data Protection. Seller has The Company and its Subsidiaries have not collected any personally identifiable information concerning users of its products, services and websites from any third parties in connection with the operation of the TRS Businessparties. Seller and, to Seller’s KnowledgeThe Company, its Subsidiaries and their respective subcontractors in the TRS Business have complied in all material respects with all Legal Requirements of Law and its their privacy policies relating to the privacy of users of Sellerthe Company’s and its Subsidiaries’ products, services and websites, including without limitation with respect to the use, collection, storage, disclosure and transfer of any data and personally identifiable information collected by Seller the Company and its Subsidiaries or by third parties having authorized access to the records of Sellerthe Company and its Subsidiaries. Seller and, to the Knowledge of Seller, The Company and its Subsidiaries and their respective subcontractors have complied in all material respects with all Legal Requirements of Law and its their privacy policies relating to the collection, use, storage, transfer, and disclosure of any data and personally identifiable information of any employees, contractors or consultants, both in the United States and internationally. Seller Neither the Company nor any Subsidiary of the Company has not received a complaint regarding Seller’s their respective collection, use or disclosure of data, including but not limited to personally identifiable information. The execution, delivery and performance of this Agreement comply complies with all Legal Requirements of Law relating to privacy and do does not violate Sellerthe Company’s or its Subsidiaries’ privacy policies. True and correct copies of all such privacy policies are referred attached to on Schedule 4.21 and are available to Purchaser for review4.20, and Seller the Company and its Subsidiaries and their respective subcontractors have at all times made all privacy policy disclosures to such users or customers as required by Requirements of LawLegal Requirements. None of such disclosures made or contained in any such privacy policy has been inaccurate, misleading or deceptive or in violation of any Requirements of LawLegal Requirements. Seller has The Company and its Subsidiaries have implemented and maintains a comprehensive plan, or plans, which (i) identifies internal and external risks to the security of data and TRS Confidential Information, including personally identifiable information; (ii) implements, monitors and improves adequate and effective administrative, electronic and physical safeguards to control those risks; (iii) maintains notification procedures in compliance with all Legal Requirements of Law and privacy or other policies in the case of any breach of security compromising data, including unencrypted data containing personally identifiable information; and (iv) adequately provides for the prevention of data loss. Seller Neither the Company nor any Subsidiary of the Company has not experienced any data loss, breach of security or otherwise unauthorized access by third parties to TRS Confidential Information, including personally identifiable information, in Sellerthe Company’s or its Subsidiaries’ possession, custody or control.

Privacy; Data Protection. Seller The Company has not collected any personally identifiable information concerning end-users of its products, services and websites from any third parties in connection with the operation of the TRS Businessparties. Seller The Company and, to Seller’s Knowledgethe Knowledge of the Company, its subcontractors in the TRS Business respective subcontractors, have complied in all material respects with all Legal Requirements of Law and its their privacy policies relating to the privacy of users of Seller’s the Company's products, services and websites, including without limitation with respect to the use, collection, storage, disclosure and transfer of any data and personally identifiable information collected by Seller the Company or by third parties having authorized access to the records of Sellerthe Company. Seller The Company and, to the Knowledge of Sellerthe Company, its subcontractors respective subcontractors, have complied in all material respects with all Legal Requirements of Law and its their privacy policies relating to the collection, use, storage, transfer, and disclosure of any data and personally identifiable information of any employees, contractors or consultants, both in the United States and internationally. Seller The Company has not received a complaint regarding Seller’s its respective collection, use or disclosure of data, including but not limited to personally identifiable information. The execution, delivery and performance of this Agreement comply by the Company complies with all Legal Requirements of Law relating to privacy and do does not violate Seller’s the Company's privacy policies. True and correct copies of all such of the Company's privacy policies are referred attached to on Schedule 4.21 and are available to Purchaser for review4.20, and Seller and the Company and, to the Knowledge of the Company, its subcontractors respective subcontractors, have at all times made all privacy policy disclosures to such users or customers as required by Requirements of LawLegal Requirements. None of such disclosures made or contained in any such privacy policy has been inaccurate, misleading or deceptive or in violation of any Requirements of LawLegal Requirements. Seller The Company has implemented and maintains maintained a comprehensive plan, or plans, which (i) identifies internal and external risks to the security of data personally identifiable information and TRS Confidential Information, including personally identifiable information; (ii) implements, monitors and improves adequate and effective administrative, electronic and physical safeguards to control those risks; (iii) maintains notification procedures in compliance with all Legal Requirements of Law and privacy or other policies in the case of any breach of security compromising data, including unencrypted data containing personally identifiable information; and (iv) adequately provides for the prevention of data loss. Seller The Company has not experienced any data loss, breach of security or otherwise unauthorized access by third parties to TRS Confidential Information, including personally identifiable information, in Seller’s the Company's possession, custody or control.

Privacy; Data Protection. Seller has not collected any personally identifiable information concerning users of its productsThe Company represents and warrants that it, services and websites from any third parties in connection with the operation of the TRS Business. Seller and, to Seller’s Knowledge, its subcontractors in the TRS Business have complied in all material respects with all Requirements of Law and its former Subsidiaries, (i) are in material compliance with applicable federal and state data privacy and security laws and all other Legal Requirements relating to the collection, use, storage, transfer, and disclosure of Personally Identifiable Information of any employees, contractors, or consultants, and any other individuals, including patients of customers, clients, or users, including, but not limited to, HIPAA, (ii) are in material compliance with their posted policies relating to the privacy of users of Sellerthe Company’s and its former Subsidiaries’ products, services and websites, including without limitation with respect to the use, collection, storage, disclosure and transfer of any data and personally identifiable information Personally Identifiable Information collected by Seller the Company or its former Subsidiaries, (iii) have entered into Business Associate Agreements when required by third parties having authorized access to the records of Seller. Seller andHIPAA, to the Knowledge of Seller, its subcontractors (iv) have complied in all material respects with all Requirements of Law and its privacy policies relating to the collectionsuch Business Associate Agreements, use, storage, transfer, and disclosure of any data and personally identifiable information of any employees, contractors or consultants, both in the United States and internationally. Seller has (v) have not received a complaint regarding Seller’s their respective collection, use or disclosure of dataPersonally Identifiable Information, including but not limited to personally identifiable information. The execution, delivery and performance of this Agreement comply with all Requirements of Law relating to privacy and do not violate Seller’s privacy policies. True (vi) have included a true and correct copies copy of all such the Company’s website privacy policies are referred to on policy and HIPAA compliance program policy in Schedule 4.21 and are available to Purchaser for review4.19, and Seller and its subcontractors (vii) have at all times complied with any legal requirements that they disclose their privacy practices to customers or patients, (viii) has not made all privacy policy disclosures to such users or customers as required by Requirements of Law. None of such disclosures made or contained in any such privacy policy disclosure that has been inaccurate, misleading or deceptive or in violation of any Requirements federal or state data privacy or security law, (ix) are not aware of Law. Seller any material data loss or breach of security or any Breach of Unsecured Protected Health Information as defined by HIPAA and HITECH, (x) have required all subcontractors to which Personally Identifiable Information has been given to agree to implement reasonable and appropriate means for protecting that information and have required all subcontractors who received Protected Health Information to agree to the same restrictions and conditions that apply to Company with respect to such Protected Health Information, (xi) have implemented a reasonable and maintains a comprehensive appropriate plan, or plans, which (ia) identifies internal and external risks to the security of data and TRS Confidential Personally Identifiable Information, including personally identifiable information; (iib) implements, monitors and improves adequate and effective administrative, electronic and physical safeguards to control those risks; (iiic) maintains notification procedures in compliance with all Requirements of Law federal and state data privacy or other policies and security laws in the case of any breach of security compromising data, including unencrypted data containing personally identifiable informationPersonally Identifiable Information; and (ivd) adequately provides for the prevention of data loss. Seller has not experienced any data loss, breach of security or otherwise unauthorized access by third parties to TRS Confidential Information, including personally identifiable information, in Seller’s possession, custody or control.