Common use of Use of User Data Clause in Contracts

Use of User Data. (i) The Company's use, license, sublicense and sale of any User Data collected from users at its website and any co-branded websites which the Company manages comply in all material respects with the Company's published privacy policy, (collectively, the "Privacy Policies"), excluding any violation that, if disclosed, would not reasonably be expected to result in a Company Material Adverse Effect. (ii) To the Company's Knowledge, it is in compliance in all material respects with all contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. (iii) There is no Action pending by any Person or any Governmental Authority involving the use, disclosure or transfer of any User Data by the Company, nor, has the Company been contacted in writing by any Governmental Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) None of the Privacy Policies currently in effect prohibits the transfer of the User Data referred to in subsection (i) above to Parent and its Affiliates pursuant to Parent's acquisition of the websites, products and other assets of the Company pursuant to this Agreement (it being understood that, following such transfer, such User Data remains subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems of the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.

Appears in 2 contracts

Samples: Merger Agreement (Websidestory Inc), Merger Agreement (Omniture, Inc.)

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Use of User Data. (i) The Company's ’s use, license, sublicense and sale of any User Data collected from users at its website and any co-branded websites which the Company manages comply have complied in all material respects with the Company's ’s published privacy policypolicy at the time such User Data was used, licensed, sublicensed or sold, as applicable, (collectively, the "Privacy Policies"), excluding any violation that, if disclosed, would not reasonably be expected to result in a Company Material Adverse Effectclaim against the Company. (ii) To the Company's Knowledge, it The Company is in compliance in all material respects with all U.S. and, to the knowledge of the Company, non-U.S. applicable Laws and contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. (iii) There is no Action action (including any audit or investigation) pending or, to the knowledge of the Company, threatened, by any Person or any Governmental Authority involving the use, disclosure or transfer of any User Data by the Company, nor, to the knowledge of the Company, has the Company been contacted in writing by any Governmental Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) None of the Privacy Policies currently in effect prohibits the transfer of the User Data referred to in subsection (i) above to Parent and its Affiliates pursuant to Parent's ’s acquisition of the websites, products and other assets of the Company pursuant to this Agreement (it being understood that, following such transfer, such User Data remains subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems of the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.

Appears in 1 contract

Samples: Merger Agreement (Bio Lok International Inc)

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Use of User Data. (i) The Company's use, license, sublicense and sale of any User Data collected from users at its website xxx.xxxxx.xxx and any co-branded websites which the Company manages comply have complied in all material respects with the Company's published privacy policypolicy at the time such User Data was used, licensed, sublicensed or sold, as applicable, (collectively, the "Privacy Policies"), excluding any violation that, if disclosed, would not reasonably be expected to result in a Company Material Adverse Effectmaterial claim against the Company. (ii) To the Company's Knowledge, it The Company is in compliance in all material respects with all U.S. and, to the Knowledge of the Company, non-U.S. applicable Laws and contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. (iii) There is no Action (including any audit or investigation) pending or, to the Knowledge of the Company, threatened, by any Person or any Governmental Authority involving the use, disclosure or transfer of any User Data by the Company, nor, to the Knowledge of the Company, has the Company been contacted in writing by any Governmental Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) None of the Privacy Policies currently in effect prohibits the transfer of the User Data referred to in subsection (i) above to Parent and its Affiliates pursuant to Parent's acquisition of the websites, products and other assets of the Company pursuant to this Agreement (it being understood that, following such transfer, such User Data remains subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems of the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.

Appears in 1 contract

Samples: Merger Agreement (Websidestory Inc)

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