Common use of Subscriber Data Clause in Contracts

Subscriber Data. Xxxxxxx acknowledges, and Subscriber warrants and represents, that Subscriber owns all right, title and interest in Subscriber Data. Subscriber shall indemnify and hold Xxxxxxx harmless against all claims against Xxxxxxx alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party, or in any way violates any privacy or data protection laws. Xxxxxxx shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. Xxxxxxx shall maintain the confidentiality of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (xxxxx://xxx.xxxxxxx.xxx/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. Xxxxxxx may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). Xxxxxxx may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that Xxxxxxx may from time-to-time collect Usage Data and that all Usage Data shall be owned by Xxxxxxx and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by Xxxxxxx of accurate Usage Data.

Subscriber Data. Xxxxxxx acknowledgesAll data inputted by Subscriber or its guests into the Services, in addition to data generated by the Services is proprietary to Subscriber for use by Subscriber or its guests per Subscriber’s internal policies (“Subscriber Data”); provided however that Subscriber hereby grants to STAYmyway, a fully paid up, irrevocable, perpetual, worldwide license to copy and use the Subscriber Data, excluding the personally identifiable information, in order to: i) fulfill STAYmyway's obligations under the Agreement; ii) to compile and aggregate with information from other sources, in order to analyze, evaluate, create derivative works of, and Subscriber warrants otherwise develop market intelligence and represents, that Subscriber owns all right, title and interest in statistical information from Subscriber Data. Subscriber shall indemnify ; and hold Xxxxxxx harmless against all claims against Xxxxxxx alleging iii) to disclose, distribute, and sublicense any statistical information but only in an aggregate form that does not disclose the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights identity of any third party, or in any way violates any privacy or data protection laws. Xxxxxxx shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. Xxxxxxx shall maintain Both parties agree to comply with all laws and regulations, in addition to their own privacy policies, with respect to use and distribution of the confidentiality of all Subscriber Data and that use of the Subscriber Data as set forth herein shall not reproduce infringe on any intellectual property rights or copy such data except confidentiality obligations as required to as permitted under this Section 6 otherwise set forth hereunder. STAYmyway’s privacy policies are set forth in connection with providing Cloud Offerings or as xxx.XXXXxxxxx.xxx/XXXXxxxxxXxxxxxxxxxXxxxxxxXxxxxx which may be expressly authorized by Subscribermodified from time to time, at STAYmyway’s sole discretion. If Subscriber Data includes Personal Data and In addition to the processing of the same is regulated by Data Protection Laws and Regulationsforegoing, the parties agree that the Services shall be hosted and Subscriber Data stored using Amazon Web Services or other hosting service platform as determined by STAYmyway, at its sole discretion. Subscriber hereby accepts the terms and availability of Amazon Web Services as a commercially reasonable standard and agrees to adhere comply with all of its applicable terms and conditions. In connection with the Subscriber Data, STAYmyway agrees to maintain the Subscriber Data Processing Addendum for up to eighteen (xxxxx://xxx.xxxxxxx.xxx/legal/data-processing-addendum/)18) months, with the understanding and agreement that STAYmyway reserves the right to modify its general practices and procedures regarding storage of Subscriber Data with notice to Subscriber. Additional storage is available to Subscriber for an additional charge. In the event of a conflict between the terms loss or corruption of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data STAYmyway's liability is limited to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. Xxxxxxx may modify using best efforts to restore Subscriber Data within the STAYmyway application to create data the status of STAYmyway's most recent uncorrupted back-up of the STAYmyway application database. and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). Xxxxxxx may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving in accordance with applicable privacy laws and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that Xxxxxxx may from time-to-time collect Usage Data and that all Usage Data shall be owned by Xxxxxxx and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by Xxxxxxx of accurate Usage Dataregulations.

Subscriber Data. Xxxxxxx acknowledgesIn the course of using the Software, Subscriber and Users may have the opportunity to input information and material provided by Subscriber warrants and represents, Users (“Subscriber Data”) with the Software. Subscriber agrees that Subscriber owns all right, title and interest in Subscriber Data. Subscriber shall indemnify and hold Xxxxxxx harmless against all claims against Xxxxxxx alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party, or in any way violates any privacy or data protection laws. Xxxxxxx shall not be responsible for any failure contain social security numbers, financial account information, public health information, driver’s license numbers, birthdates, payment card data or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. Xxxxxxx shall maintain the confidentiality of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulationssimilarly sensitive information (collectively, the parties agree to adhere to the Data Processing Addendum (xxxxx://xxx.xxxxxxx.xxx/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. Xxxxxxx may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Sensitive Data”). Xxxxxxx may use Subscriber accepts any and all liability for claims arising out of or related to Sensitive Data. The parties understand and agree that Subscriber shall have sole responsibility for: (a) the De-Identified Data for any lawful purposesaccuracy, including but not limited to marketingquality, promotingintegrity, benchmarkinglegality, improving and further developing its Cloud Offeringsreliability, appropriateness, and intellectual property ownership or right to use all Subscriber Data; (b) Subscriber’s and each User’s deletion of, destruction of or failure to store any Subscriber Data; (c) ensuring Users do not provide Subscriber Data that contains any Sensitive Data; and (d) enforcing the development terms and improvement conditions that govern each User’s use of associated artificial intelligence the Software, as applicable. In addition, Subscriber hereby represents, warrants and machine learning algorithmscovenants that all Subscriber Data was and will be created, collected, used, disclosed, maintained, stored and transmitted by Subscriber in compliance with all Applicable Laws. Subscriber agrees shall not, and acknowledges shall cause each User to not, provide export controlled material, provide export controlled services, or engage with prohibited third parties pursuant to this Agreement. If requested by Subscriber during the Term (as defined below) of this Agreement and to the extent available, Higher Logic will make available to Subscriber, subject to payment of a reasonable charge, a file of Subscriber Data in an industry-standard format designated by Subscriber within thirty (30) days. After Subscriber receives such file of Subscriber Data, Higher Logic may delete such Subscriber Data. Notwithstanding anything to the contrary in this Agreement, the parties understand and agree that Xxxxxxx may from time-to-time collect Usage Data Higher Logic shall have the right to access and that use any and all Usage Data shall be owned by Xxxxxxx Subscriber Data, to which Higher Logic is provided access, in order to manage Higher Logic’s data network and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with support and update the collection by Xxxxxxx of accurate Usage DataSoftware.