Common use of Sensitive data Clause in Contracts

Sensitive data. The parties acknowledge and agree that except for Business Contact Information as defined in Section 13.12 (i) Customer’s use of the Services and Liferay’s ordinary performance of the Services do not, as of the Effective Date, require Customer to provide, disclose or give access to Liferay any Personal Data (as defined below); and, (ii) for so long as such disclosure by Customer to Liferay of Personal Data is not required, Customer will take all reasonable steps to avoid any unnecessary disclosure of Personal Data to Liferay. In particular and without limiting the foregoing, Customer acknowledges and agrees that Customer shall not provide to Liferay any Personal Data, or access to Personal Data, through Customer’s use of the Services or in any other manner. As to Customer’s Personal Data, Customer agrees that it is solely liable for all obligations, including without limitation, confidentiality and data protection and privacy obligations and restrictions, imposed by applicable law, regulation or court order. Where Customer provides Personal Data to Liferay in connection with this Agreement, Customer warrants that it has obtained all the relevant consents to enable it to disclose that information to Liferay. If Customer should disclose any Personal Data with or without the relevant consents, to Liferay, regardless of whether such disclosure is intentional or inadvertent, Customer shall promptly notify Liferay of such disclosure. Customer will defend, indemnify and hold Liferay harmless from and against any claims arising out of Customer's breach of this Section 13.11 (ii). As used in this Section, "Personal Data" shall have the same meaning as defined in Singapore’s Personal Data Protection Act, where it is defined as ‘data, whether true or not, about an individual who can be identified — (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access’. Personal Data includes information: (i) that directly identifies an individual (e.g., name, address, identity number or other identifying number or code, telephone number, email address, etc.) or (ii) which identifies specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator, and other descriptors).