System Protection To prevent compromise of systems which contain DSHS Data or through which that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available.
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses, will be no more than one update behind current.
System Protection Facilities Developer shall, at its expense, install, operate and maintain System Protection Facilities as a part of the Large Generating Facility or Developer’s Attachment Facilities. Connecting Transmission Owner shall install at Developer’s expense any System Protection Facilities that may be required on the Connecting Transmission Owner’s Attachment Facilities or the New York State Transmission System as a result of the interconnection of the Large Generating Facility and Developer’s Attachment Facilities.
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.
Whistleblower Protections The Party shall not discriminate or retaliate against one of its employees or agents for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the public.