Private Data. No material breach or violation of any security policy of the Company or its Subsidiaries relating to the Processing of Private Data maintained by the Company or its Subsidiaries has occurred in the past three (3) years, or is currently threatened, and in the past three (3) years, there has been no material loss, damage or unauthorized or illegal use, disclosure, modification, possession, interception, or other processing of or access to, or other misuse of, any of material Private Data maintained by the Company or its Subsidiaries.
Private Data. Section 2.13(n) of the Disclosure Schedule identifies and describes each Company Database in which Private Data or other confidential or proprietary data collected from a natural Person is maintained by or for the Company or any Subsidiary, the types of Private Data in each such database, the means by which the Private Data or other confidential or proprietary data collected from a natural Person was collected, and the security policies that have been adopted and maintained with respect to each such database. No breach or violation of any such security policy has occurred or, to the Knowledge of the Company, is threatened, and there has been no unauthorized or illegal use of or access to any of the Private Data or other data or information in any of the Company Databases.
Private Data. Private data is information within the COMPASS database that is only available to the firm that uploaded the project. Individual users can see the private data from all projects within the Firm’s portfolio. All data points not identified as “shared data” are considered private data.
Private Data. The Company, each Subsidiary, the Company Sites and the Company Products, and all third parties acting on behalf of the Company or any Subsidiary or that have access to Private Data collected by or on behalf of the Company or any Subsidiary comply, and have at all times since December 31, 2016 complied, with all applicable Privacy Obligations, including those relating to (i) the privacy of users of Company Sites and Company Products, (ii) the privacy of individuals whose Private Data is Processed by Company Products, or (iii) the collection or other Processing of any Private Data collected or otherwise Processed by or on behalf of the Company or any Subsidiary, or by third parties having access to such Private Data. Neither the execution, delivery and performance of this Agreement or any Related Agreement nor the subsequent transfer of all of the Company’s and each of the Subsidiaries’ databases and other information relating to its customers and all non-customer end users of the Company Sites and the Company Products or to other individuals whose Private Data is Processed by a Company Product, including all Private Data, from the Company or the Subsidiaries to the Surviving Corporation will cause, constitute, or result in a breach or violation of any Privacy Obligation by any party to this Agreement (or any of their Affiliates), or cause, constitute, or result in a violation of any representations with regard to Private Data made by Company or any Subsidiary, including any Company Privacy Policy. Copies of all Company Privacy Policies have been Made Available. Company Privacy Policies have at all times made all disclosures to users or customers required by all Privacy Obligations, and Company and each Subsidiary has obtained all consents from users required by all Privacy Obligations. None of the disclosures made or contained in the Company Privacy Policies, and no other representation with regard to Private Data made by Company or any Subsidiary, has been materially inaccurate, misleading or deceptive or in violation of any Privacy Obligations (including containing any material omission). There is no Action (including any informal investigation) currently pending against, the Company, any Subsidiary, or to the Knowledge of the Company, any of their respective customers (relating to any of the Company Sites or Company Products) by (i) any private party or (ii) the Federal Trade Commission, any state attorney general or similar state official, or any other...
Private Data. Employee acknowledges that in the course of her employment she has had access to educational data and personnel data, which are private under federal and state law. Employee may not disclose or make such information available to any third person, unless specifically authorized to do so by Court order or by the District’s Superintendent or its Executive Director of Human Resources.
Private Data. (i) The Company, each Subsidiary, the Company Products (and any prior products or services of the Company or any Subsidiary), and to the Knowledge of the Company, all third parties performing services for the Company or any Subsidiary (in the case of such third parties, to the extent relating to the performance of services for the Company involving the processing of Private Data for the Company or any Subsidiary) comply, and at all times have complied, in all material respects, with all applicable Privacy Laws, including those relating to (x) the privacy of users of Internet websites and mobile applications owned, maintained, or operated by the Company or any Subsidiary (the “Company Sites”) and Company Products; (y) the creation, collection, use, storage, retention, hosting, disclosure, security, transmission, interception, transfer, disposal and any other processing of any Private Data by or for the Company or any Subsidiary; and (z) the obligation to comply with requests from individuals to exercise their rights under Privacy Laws (such as rights to access, rectify, or delete their Personal Data, or to restrict processing of or object to processing of Personal Data, or to data portability).
(ii) All Company Privacy Policies have been Made Available. The execution, delivery and performance of this Agreement will not cause, constitute, or result in a breach or violation of any Privacy Law or any Company Privacy Policy. Section 3.12(q)(ii) of the Disclosure Schedule accurately identifies (and the Company has Made Available a true, correct, and complete copy of) each letter or other written or electronic communication or correspondence that has been received by the Company, any of its Subsidiaries, or any of their respective Representatives regarding any actual, alleged or suspected violation of any Privacy Law by (x) the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries, or (y) any of their respective Representatives or customers, and provides a brief description of the current status of the matter referred to in such letter, communication or correspondence. To the Knowledge of the Company, there is no, and has been no, complaint to, or any audit, proceeding, investigation (formal or informal) or Action, in each case, against the Company, any of its Subsidiaries, any of their respective customers (in the case of customers, to the extent relating to any Company Product or Company Site, any prior product o...
Private Data. (i) Section 3.12(n)(i) of the Disclosure Schedule sets forth a description of the types of Personal Data collected, created, or otherwise obtained by or for the Company or any Subsidiary through any means, including through Internet websites and mobile applications owned, maintained or operated by the Company or any Subsidiary (the “Company Sites”) and by, through, or in connection with any Company Products. The use of the Company Products by customers of the Company (and such customers’ customers and users) for their intended purposes, complies, and has complied, with all Privacy Laws. The Company, each Subsidiary, the Company Sites, the Company Products, and all third parties performing services for the Company or any Subsidiary (in the case of such third parties, to the extent relating to the processing of Private Data) materially comply, and have at all times materially complied, with all applicable Privacy Laws, including those relating to (x) the privacy of users of the Company Sites and Company Products; and (y) the creation, collection, use, storage, retention, hosting, disclosure, security, transmission, interception, transfer, disposal and any other processing of any Private Data by or for the Company or any Subsidiary.
(ii) All Company Privacy Policies have been Made Available. None of the disclosures made or contained in any Company Privacy Policies has been inaccurate, misleading or deceptive in any material respects. There are no unsatisfied requests from individuals to the Company or any Subsidiary seeking to exercise their rights under Privacy Laws (such as rights to access, rectify, or delete their Personal Data, or to restrict processing of or object to processing of Personal Data, or to data portability). With respect to each Person performing services for the Company or any Subsidiary that the Company or such Subsidiary has permitted to access or otherwise process Personal Data or Confidential Information, the Company or such Subsidiary has obtained a written agreement from such Person that (A) bind such Person to at least the same restrictions and conditions that apply to the Company or such Subsidiary with respect to such Personal Data or Confidential Information and to implement reasonable and appropriate means for protecting such Personal Data or Confidential Information from unauthorized access, use, disclosure, and processing; and (B) comply with all applicable Privacy Laws. The execution, delivery and performance of this Agreemen...
Private Data. Section 3.13(m) of the Disclosure Schedule describes the types of Private Data collected by or on behalf of the Company or any Subsidiary in connection with the Company Products (and any marketing by the Company or any Subsidiary related thereto), through Internet websites owned, maintained or operated by the Company or any Subsidiary (“Company Sites”), through any third party websites or services, and by or through any Company Products, including any Personal Data or Behavioral Data collected by third Persons and provided to the Company or any Subsidiary. The Company, each Subsidiary, the Company Sites and the Company Products, and all third parties acting on behalf of the Company or any Subsidiary or that have access to Private Data collected by or on behalf of the Company or any Subsidiary comply, and have always complied, with all applicable Privacy Laws, including those relating to (i) the privacy of users of Company Sites and Company Products; and (ii) the collection, use, storage, retention, disclosure, transfer, disposal and any other processing of any Private Data collected, used, stored, or transmitted by the Company or any Subsidiary, or by third parties having access to such information. Neither the execution, delivery and performance of this Agreement nor the subsequent transfer of all of the Company’s and each of the Subsidiaries’ databases and other information relating to its customers and all non-customer end users of the Company Sites and the Company Products, including all Private Data, from the Company or the Subsidiaries to the Surviving Corporation will cause, constitute, or result in a breach or violation of any Privacy Law by any party to this Agreement, or cause, constitute, or result in a violation of any representations with regard to Private Data made by Company or any Subsidiary, including, without limitation, any Company Privacy Policy of the Company or any Subsidiary. Copies of all Company Privacy Policies have been Made Available. The Company Privacy Policies have at all times made all disclosures to users or customers required by all Privacy Laws, and Company and each Subsidiary has obtained all consents from users required by all Privacy Laws. None of the disclosures made or contained in the Company Privacy Policies, and no other representation with regard to Private Data made by Company or any Subsidiary, has been inaccurate, misleading or deceptive or in violation of any Privacy Laws (including containing any material om...
Private Data. To the Knowledge of Parent, no breach or violation of any information security policy of Parent or its Subsidiaries has occurred in the past three (3) years, or is threatened, and to the Knowledge of Parent, there has been no loss, damage or unauthorized or illegal use, disclosure, modification, possession, interception, or other processing of or access to, or other misuse of, any of material Private Data owned or used by Parent including any third party databases used to process Private Data for Parent.
Private Data. Section 2.13(p) of the Disclosure Schedule describes the categories of Private Data collected, used, or disclosed by or for the Company or any of its Subsidiaries and identifies each Company Database in which Personal Data or other confidential or proprietary data or information presently is maintained by or for the Company or any of its Subsidiaries, the types of Private Data in each such Company Database, the means by which the Private Data in such Company Database was collected, the means by which it is used or disclosed, and the security policies that have been adopted and maintained with respect to each such Company Database. No breach or violation of any such security policy has occurred or, to the Knowledge of the Company, is threatened, and there has been no loss, damage or unauthorized or illegal use, disclosure, modification, possession, interception, or other processing of or access to, or other misuse of, any of the Private Data or other data or information in any of the Company Databases. The Company has Made Available all reports prepared by or for the Company or any of its Subsidiaries relating to all data security-related audits of the Company or any of its Subsidiaries performed (in whole or in part) in the twenty-four (24) months prior to the Agreement Date.
