Agreed Use The Premises shall be used and occupied only for general office use and for no other purpose.
System Use (a) An electronic site access system may be used on site, subject to the requirements of this statement.
(b) The system operates via:
(i) a facial recognition device; and
(ii) an electronic gate.
(c) The system will be installed at the access and egress point/s of the site and will only be utilised to identify presence on site.
(d) The purpose for which the electronic site access system will be implemented is to ensure:
(i) avoiding unauthorised access to site;
(ii) confirmation and co-ordination of effort in emergency situations; and
(iii) confirmation that all entrants to site have received a site specific induction;
(e) The only personal data collected by the system is a site entrant’s:
(i) image;
(ii) first & last name;
(iii) mobile phone number;
(iv) email address; and
(v) employer’s name. (the Collected Data)
(f) The Collected Data will only be held or used for the purposes specified above, unless otherwise by consent or required by law.
(g) The Employer will not use the electronic site access control system to verify who was on a site at a particular time for the purpose of:
(i) evaluating whether a variation claim regarding labour costs made by a subcontractor can be substantiated;
(ii) taking disciplinary action against an Employee, or assisting a subcontractor to take disciplinary action against its own employees, regarding their start and finish times; or
(iii) otherwise generally tracking a worker’s movements whilst on the site.
Data Use Each party may use Connected Account Data in accordance with this Agreement and the consent (if any) each obtains from each Connected Account. This consent includes, as to Stripe, consent it receives via the Connected Account Agreement.
Intended Use Customer will use Software in accordance with its intended use, instructions for use and all applicable Software labeling as described in the Documentation and the Offer. Customer is responsible for ensuring that the way that it uses Software complies with all applicable laws and regulations.
Cloud storage DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and Contractor attests in writing that all such procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution.
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DSHS.
(f) The Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DSHS or Contractor networks.
(g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor’s network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution.