Common use of Data Safeguards Clause in Contracts

Data Safeguards. Each Party will implement and maintain such safeguards as required by the Act for the protection of Private Customer Data (“Data Safeguards”). In the event such Party discovers or is notified of a breach or potential breach of such Party’s security related to Private Customer Data, such Party will immediately (1) notify the other Party’s account manager or other person in charge of managing the relationship between NetSuite KK and Transcosmos, (2) investigate the effects of the breach or potential breach using commercially reasonable efforts and (3) take such actions as are required by the Act in an effort to prevent the breach or potential breach from recurring and in an effort to remedy the breach. NetSuite KK shall cause its subcontractors, and Transcosmos shall cause its Authorized Resellers and designees, to comply with the standards and procedures set forth in this Section 5.7. NetSuite KK shall permit persons reasonably designated by Transcosmos, and reasonably acceptable to NetSuite KK, to review, during normal business hours, and with reasonable prior notice, NetSuite KK’s security procedures for the protection of Private Customer Data, including, without limitation, observing operations, reviewing documents and other materials and interviewing relevant personnel of NetSuite KK, in each case to the extent necessary to satisfy the requirements of the Act and provided that Transcosmos does not unduly interfere with NetSuite KK’s operations, and provided further that a NetSuite KK employee accompanies the designated reviewer at all times. The designated reviewer, upon request, shall be obligated to sign a non-disclosure and confidentiality agreement with NetSuite KK and its service providers prior to conducting any review. Transcosmos and its Authorized Resellers shall take such steps as are necessary and/or appropriate under the Act in order to ensure that NetSuite and NetSuite KK are able to use and disclose all Private Customer Data in accordance with their privacy policies (to the extent their privacy policies do not by themselves violate the Act).

Data Safeguards. Each Party will implement and maintain such safeguards as required by the Act for the protection of Private Customer Data (“Data Safeguards”). In the event such Party discovers or is notified of a breach or potential breach of such Party’s security related to Private Customer Data, such Party will immediately (1) notify the other Party’s account manager or other person in charge of managing the relationship between NetSuite KK and TranscosmosReseller, (2) investigate the effects of the breach or potential breach using commercially reasonable efforts and (3) take such actions as are required by the Act in an effort to prevent the breach or potential breach from recurring and in an effort to remedy the breach. NetSuite KK shall cause its subcontractors, and Transcosmos Reseller shall cause its Authorized Resellers and designees, to comply with the standards and procedures set forth in this Section 5.7. NetSuite KK shall permit persons reasonably designated by TranscosmosReseller, and reasonably acceptable to NetSuite KK, to review, during normal business hours, and with reasonable prior notice, NetSuite KK’s security procedures for the protection of Private Customer Data, including, without limitation, observing operations, reviewing documents and other materials and interviewing relevant personnel of NetSuite KK, in each case to the extent necessary to satisfy the requirements of the Act and provided that Transcosmos Reseller does not unduly interfere with NetSuite KK’s operations, and provided further that a NetSuite KK employee accompanies the designated reviewer at all times. The designated reviewer, upon request, shall be obligated to sign a non-disclosure and confidentiality agreement with NetSuite KK and its service providers prior to conducting any review. Transcosmos Reseller and its Authorized Resellers shall take such steps as are necessary and/or appropriate under the Act in order to ensure that NetSuite and NetSuite KK are able to use and disclose all Private Customer Data in accordance with their privacy policies (to the extent their privacy policies do not by themselves violate the Act).