Common use of Content and Data Protection Clause in Contracts

Content and Data Protection. 7.1 Use of the HCL Now Services will not affect Licensee's ownership or license rights in any Licensee Content. HCL, its Affiliates, and contractors of either, may access and use the Content solely for the purpose of providing and managing the HCL Now Services. HCL will treat all Licensee Content as Confidential Information pursuant to the terms of the Agreement. 7.2 Licensee is responsible for obtaining all necessary rights and permissions to enable, and grants such rights and permissions to, HCL, its Affiliates, and contractors of either, to use, provide, store and otherwise process Licensee Content in the HCL Now Services. This includes Licensee making necessary disclosures and obtaining consent, if required, before providing individuals' information, including personal or other regulated data in such Licensee Content. If any Licensee Content could be subject to governmental regulation or may require security measures beyond those specified by HCL for the HCL Now Services, Licensee will not input, provide, or allow such Licensee unless specifically permitted in the terms of the relevant SD or unless HCL has otherwise first agreed in writing to implement additional security and other measures. Licensee shall not use the HCL Now Services to process or store any information of any U.S. federal government agency or instrumentality without the prior written permission of HCL. 7.3 Licensee is responsible to assess the suitability of each HCL Now Services for Licensee's intended use and Licensee Content and to take necessary actions to order, enable, or use available data protection features appropriate for the Licensee Content being used with an HCL Now Services. By using the HCL Now Services, Licensee accepts responsibility for use of the HCL Now Services and acknowledges that it meets Licensee’s requirements and processing instructions to enable compliance with applicable laws. 7.4 HCL's Data Processing Terms (DPA) and applicable DPA Exhibit(s), located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wps/portal/resources/master-agreements, apply and prevail over any conflicting terms of the Agreement, if and to the extent the European General Data Protection Regulation (EU/2016/679) (GDPR) applies to personal data contained in Content. 7.5 HCL will return or remove Licensee Content from HCL Infrastructure and other computing resources upon the expiration or cancellation of the HCL Now Services, or earlier upon Licensee’s request. HCL may charge for certain activities performed at Licensee's request (such as delivering Content in a specific format). HCL does not archive Licensee Content, however some Licensee Content may remain in HCL Now Services backup files until expiration of such files as governed by HCL's backup retention practices. 7.6 Upon request by either Party, HCL, Licensee or Affiliates of either, will enter into additional agreements as required by law in the prescribed form for the protection of regulated personal data included in Licensee Content. The Parties agree (and will ensure that their respective Affiliates agree) that such additional agreements will be subject to the terms of the Agreement.