Common use of Responsibility and Compliance with Laws Clause in Contracts

Responsibility and Compliance with Laws. Licensee is solely responsible for and assumes all liability with respect to its own collection, processing, storage, and transfer of any user data, including, but not limited to, personally identifiable information and personal health and financial information (collectively, “Personal Information”). Licensee shall be solely responsible for notifying its users of proper use of such data. Each party is responsible for complying with its respective obligations under all applicable laws, regulations, and industry standards regarding data collection and data privacy applicable for the use of the Licensed Software by the relevant party. Licensee shall not provide any Personal Information to Licensor for processing by Licensor on behalf of Licensee, unless otherwise agreed by the parties in writing in an applicable transaction document with applicable privacy terms. If the parties agree that processing Personal Information is necessary for the performance of this specific transaction, and when such Personal Information processing falls within the scope of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), before any Personal Information is made available to Licensor, the parties agree that Licensee will be the data controller and Licensor will be the data processor, and when Licensor is processing Personal Information on behalf of Licensee, such processing shall be governed by terms that comply with Article 28 of the GDPR including standard contractual clauses to be included in such transaction document. Licensor will not have access to protected health information unless the parties have an executed business associate agreement in place for this transaction. Licensee is solely responsible for assessing the Licensed Product or any related product or service for compliance with any industry requirements applicable to Licensee.