Common use of DATA SECURITY AND DATA PRIVACY Clause in Contracts

DATA SECURITY AND DATA PRIVACY. 5.1 Subject to where the Subscription Agreement sets out a specific Region chosen by Client for hosting Client Content, AVEVA shall host and provide the AVEVA Services from such data centres (and such locations) as AVEVA may decide (including as necessary for redundancy and back-up purposes), provided that AVEVA and its licensors will implement commercially reasonable measures to secure and protect the SaaS Application(s) and any Client Content. 5.2 AVEVA will only use Personal Data it collects (including in any Account Information) in accordance with the AVEVA Privacy Policy, and Client consents to such usage. The AVEVA Privacy Policy does not apply to Client Content. 5.3 Except as requested by AVEVA to set up User Credentials or as set out in the Subscription Agreement, Client shall not upload any Personal Data as Client Content. 5.4 Neither AVEVA nor its licensors will access or use Client Content except as necessary to maintain or provide the AVEVA Services, as directed by Client, or as necessary to comply with the Applicable Laws or any governmental, regulatory or court order. Unless it would be in violation of the Applicable Laws or any governmental, regulatory or court order, where AVEVA has been provided with prior notice AVEVA will give Client reasonable notice of any requirement to comply with such disclosures, to allow Client to seek a protective order or other appropriate remedy. 5.5 As necessary to ensure compliance with this Agreement, and for preventing fraud, AVEVA and its licensors may collect and process Use Metrics and Billing Metrics and information relating to the provision of the AVEVA Services.