Common use of Protecting Data Clause in Contracts

Protecting Data. Merchant acknowledges and agrees that in the course of providing Gateway Services to Merchant, PayFacto will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFacto’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto or any PayFacto agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant Xxxxxxxx acknowledges and agrees that in the course of providing Gateway Services to MerchantXxxxxxxx, PayFacto PPD will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto PPD shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFactoPPD’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant Xxxxxxxx agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto PPD of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto PPD or any PayFacto PPD agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant Xxxxxxxx acknowledges and agrees that in the course of providing Gateway Services to MerchantXxxxxxxx, PayFacto PPD will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto PPD shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFacto’s PPD‟s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant Xxxxxxxx agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto PPD of any actual or suspected security breach involving Data and allow, at Merchant’s Merchant‟s expense, PayFacto PPD or any PayFacto PPD agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant acknowledges and agrees that in the course of providing Gateway Services to Merchant, PayFacto AXXESS will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto AXXESS shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFacto’s AXXESS’ rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto AXXESS of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto AXXESS or any PayFacto AXXESS agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant acknowledges and agrees that in the course of providing Gateway Services to Merchant, PayFacto NUVEI will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto NUVEI shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFactoNUVEI’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto NUVEI of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto NUVEI or any PayFacto NUVEI agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant Xxxxxxxx acknowledges and agrees that in the course of providing Gateway Services to Merchant, PayFacto NUVEI will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto NUVEI shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFactoNUVEI’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant Xxxxxxxx agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto NUVEI of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto NUVEI or any PayFacto NUVEI agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant Xxxxxxxx acknowledges and agrees that in the course of while providing Gateway Services to Merchant, PayFacto will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Gateway Data”). PayFacto shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PayFacto’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on ser vers servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant Xxxxxxxx agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PayFacto of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PayFacto or any PayFacto agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.