Common use of THE CUSTOMER DATA Clause in Contracts

THE CUSTOMER DATA. 12.1 Ownership in all Customer Data, whether under its control or not, shall continue to vest in the Customer and Cyanre shall use the same for the purposes of providing the Services or as directed by the Customer and shall not obtain any proprietary rights in the Customer Data. The Customer hereby grants to Cyanre and its Personnel a non-exclusive, royalty free licence to process the Customer Data as an Operator for the purpose of providing the Services or as directed by the Customer for the duration of the Agreement. 12.2 Processing of Customer Data: 12.2.1 The Customer shall determine what Customer Equipment needs to form part of the Services; 12.2.2 The Customer shall determine what Customer Data needs to be made available for purposes of the Services; 12.2.3 Customer Data shall be made available to Cyanre in a format as per the Cyanre specifications; 12.2.4 The Customer shall not upload, access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that is unlawful, harmful, threatening, facilitates illegal activity or causes damage or injury to any person or property. It is the responsibility of the Customer to ensure that the Customer Data to be uploaded is Virus free. The Customer hereby indemnifies Cyanre against any claim and liability whatsoever that may result from an upload of a Virus 12.2.5 Cyanre shall process Customer Data on instructions from the Customer and process the Customer Data as Confidential Information; 12.2.6 Cyanre shall make Customer Data available to third parties as per instructions from the Customer and shall not be responsible to verify whether said third party is authorised to receive the Customer Data or control the third party’s management of the Customer Data subsequent to receipt of said Customer Data. 12.3 Privacy and Data Protection. 12.3.1 Cyanre and the Customer are each responsible for complying with their respective obligations under applicable privacy and data protection laws, if any, governing the Customer Data. 12.3.2 The Customer remains solely responsible for determining the purposes and means of Cyanre's processing of Customer Data under any Contract Document. 12.3.3 The Customer is and shall have sole responsible for the legality, reliability, integrity, accuracy and quality of the Customer Data;

THE CUSTOMER DATA. 12.1 Any terms used in this clause and not defined in this agreement will have meaning provided for in the Protection of Personal Information Act 4 of 2013 (“Act”). 12.2 Cyanre undertakes to comply with the provisions of the Act, including clause 19. Cyanre acknowledges and agrees that any breach of its obligations under this clause 12 shall be deemed a material breach of this Agreement. It is Cyanre’s duty to monitor any changes to the Act and associated regulations and to ensure ongoing compliance with the Act. This may require amendment from time to time of this Agreement. 12.3 Cyanre undertakes that it will, prior to any processing, implement appropriate technical and organisational security measures (including confidentiality obligations applicable to Cyanre Personnel) to ensure a level of security appropriate to the risks that are presented by the processing of Customer Data and to protect the transferred Customer Data from unauthorized processing, including any processing not expressly authorized by this Agreement and including accidental loss or destruction of, or damage to, such Customer Data. 12.4 The measures and/or steps taken, must at all times be of a minimum standard required by all data privacy laws applicable and be of a standard no less than the standards which are in compliance with the Best Industry Practice for the protection, control and/or use of such Customer Data. In case of a personal data breach which may affect Customer Data, Cyanre will notify the Customer immediately without undue delay after becoming aware of it. 12.5 Cyanre warrants, represents and/or undertakes that it shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which Customer Data is processed or stored as part of providing the Services, shall at times be of a minimum standard required by all data privacy laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and / or use of such Customer Personal Data. 12.6 Ownership in all Customer Data, whether under its control or not, shall continue to vest in the Customer and Cyanre shall use the same for the purposes of providing the Services or as directed by the Customer and shall not obtain any proprietary rights in the Customer Data. The Customer hereby grants to Cyanre and its Personnel a non-exclusive, royalty free licence to process the Customer Data as an Operator operator for the purpose of providing the Services or as directed by the Customer for the duration of the Agreement. 12.2 12.7 Processing of Customer Data: 12.2.1 12.7.1 The Customer shall determine what Customer Equipment needs is needed to form part of the Services; 12.2.2 12.7.2 The Customer shall determine what Customer Data needs to be made available for purposes of the Services; 12.2.3 12.7.3 Customer Data shall be made available to Cyanre in a format as per the Cyanre specificationsspecifications notified to the Customer in advance; 12.2.4 12.7.4 The Customer shall not upload, access, store, distribute or transmit any Virusesviruses, or any material during the course of its use of the Services that is unlawful, harmful, threatening, facilitates illegal activity or causes damage or injury to any person or property. It is the responsibility of the Customer to ensure that the Customer Data to be uploaded is Virus virus Terms and Conditions_General_Lab_2020-11 Cyanre The Digital Forensic Lab (Pty)Ltd free. The Customer hereby indemnifies Cyanre against any claim and liability whatsoever that may result from an upload of a Virus. 12.2.5 12.7.5 Cyanre shall process Customer Data on instructions from the Customer and process the Customer Data as Confidential Information;; The customer explicitly confirms that all data supplied may be legally processed. 12.2.6 12.7.6 Cyanre shall make Customer Data available to third parties as per instructions from the Customer and shall not be responsible to verify whether said third party is authorised to receive the Customer Data or control the third party’s management of the Customer Data subsequent to receipt of said Customer Data. 12.3 12.8 Privacy and Data Protection. 12.3.1 12.8.1 Cyanre and the Customer are each responsible for complying with their respective obligations under applicable privacy and data protection laws, if any, governing the Customer Data. 12.3.2 12.8.2 The Customer remains solely responsible for determining the purposes and means of Cyanre's processing of Customer Data under any Contract Document. 12.3.3 12.8.3 The Customer is and shall have sole be solely responsible for the requirements under data privacy laws applicable to the Customer in respect of legality, reliability, integrity, accuracy and quality of the Customer Data;

THE CUSTOMER DATA. 12.1 Ownership in all Customer Data, whether under its control or not, shall continue to vest in the Customer and Cyanre LexTrado shall use the same for the purposes of providing the Services or as directed by the Customer and shall not obtain any proprietary rights in the Customer Data. The Customer hereby grants to Cyanre LexTrado and its Personnel a non-exclusive, royalty free licence to process the Customer Data as an Operator for the purpose of providing the Services or as directed by the Customer for the duration of the Agreement. 12.2 Processing of Customer Data: 12.2.1 The Customer shall determine what Customer Equipment needs to form part of the Services; 12.2.2 The Customer shall determine what Customer Data needs to be made available for purposes of the Services; 12.2.3 Customer Data shall be made available to Cyanre LexTrado in a format as per the Cyanre LexTrado specifications; 12.2.4 The Customer shall not upload, access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that is unlawful, harmful, threatening, facilitates illegal activity or causes damage or injury to any person or property. It is the responsibility of the Customer to ensure that the Customer Data to be uploaded is Virus free. The Customer hereby indemnifies Cyanre LexTrado against any claim and liability whatsoever that may result from an upload of a Virus 12.2.5 Cyanre LexTrado shall process Customer Data on instructions from the Customer and process the Customer Data as Confidential Information; 12.2.6 Cyanre LexTrado shall make Customer Data available to third parties as per instructions from the Customer and shall not be responsible to verify whether said third party is authorised to receive the Customer Data or control the third party’s management of the Customer Data subsequent to receipt of said Customer Data. 12.3 Privacy and Data Protection. 12.3.1 Cyanre LexTrado and the Customer are each responsible for complying with their respective obligations under applicable privacy and data protection laws, if any, governing the Customer Data. 12.3.2 The Customer remains solely responsible for determining the purposes and means of CyanreLexTrado's processing of Customer Data under any Contract Document. 12.3.3 The Customer is and shall have sole responsible for the legality, reliability, integrity, accuracy and quality of the Customer Data;