Common use of User Data Clause in Contracts

User Data. a) You agree that if You use the Platform to distribute Products, You will protect the privacy and legal rights of users. You agree to only collect and use user data in accordance with the terms and conditions of Your Terms of Use and/or End User License Agreement and Privacy Policy You publish in conjunction with Your Products and applicable laws. You shall ensure that each user receives sufficient notification prior to any collection of their data. This notice must clearly and expressly state that their data shall be collected by You and is subject to Your Terms of Use and/or End User License Agreement and Privacy Policy. You must also ensure that each user provides affirmative consent prior to such collection and any use of the data by You or any third party on Your behalf. You agree to take all steps required and reasonably necessary (including appropriate physical, technical, and organizational measures) to protect such user data in Your possession or control against loss and unauthorized or unlawful access, use, modification, disclosure, processing or other misuse. You agree to implement and comply with industry-standard measures with respect to the technical and physical security of such user data. You agree to ensure that its collection, use, storage, processing, distribution, or transfer (including cross-border transfers), and Your information technology platforms and systems on which such user data is collected, used, stored, processed, distributed, or transferred are at all times compliant with applicable law (including all privacy laws and laws governing data security) and the terms and conditions of Your published use and privacy policies. Your standard of care to comply with Your obligations under the foregoing sentences shall conform to the requirements of applicable laws and industry standard security measures with respect to the sensitivity of the user data in Your possession or control. If users provide Your Product with Platform Provider account information, Your Product may only use that information to access the user’s Platform Provider account when, and for the limited purposes for which, the user has given You permission to do so. b) In order to innovate and improve the Platform, Platform Provider may collect certain usage data from the Platform and Your Products, including but not limited to, information on how the Platform and Your Products are being used. The data collected will be used and maintained in accordance with Platform Provider’s Privacy Policy.

User Data. a) You agree that if You use the Platform to distribute Products, You will protect the privacy and legal rights of users. You agree to only collect and use user data in accordance with the terms and conditions of Your Terms of Use and/or End User License Agreement and Privacy Policy You publish in conjunction with Your Products and applicable laws. You shall ensure that each user receives sufficient notification prior to any collection of their data. This notice must clearly and expressly state that their data shall be collected by You and is subject to Your Terms of Use and/or End User License Agreement and Privacy Policy. You must also ensure that each user provides affirmative consent prior to such collection and any use of the data by You or any third party on Your behalf. You agree to take all steps required and reasonably necessary (including appropriate physical, technical, and organizational measures) to protect such user data in Your possession or control against loss and unauthorized or unlawful access, use, modification, disclosure, processing or other misuse. You agree to implement and comply with industry-standard measures with respect to the technical and physical security of such user data. You agree to ensure that its collection, use, storage, processing, distribution, or transfer (including cross-border transfers), and Your information technology platforms and systems on which such user data is collected, used, stored, processed, distributed, or transferred are at all times compliant with applicable law (including all privacy laws and laws governing data security) and the terms and conditions of Your published use and privacy policies. Your standard of care to comply with Your obligations under the foregoing sentences shall conform to the requirements of applicable laws and industry standard security measures with respect to the sensitivity of the user data in Your possession or control. If users provide Your Product with Platform Provider HTC account information, Your Product may only use that information to access the user’s Platform Provider HTC account when, and for the limited purposes for which, the user has given You permission to do so. b) In order to innovate and improve the Platform, Platform Provider HTC may collect certain usage data statistics from the Platform and Your Products, including but not limited to, information on how the Platform and Your Products are being used. The data collected will be used is examined in the aggregate to improve the Platform for users and Developers and is maintained in accordance with Platform ProviderHTC’s Privacy Policy.