Data Security Obligations Clause Samples
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Data Security Obligations. (i) The Company and each of its subsidiaries have complied and are presently in compliance with all internal and external privacy policies, contractual obligations, industry standards, applicable laws, statutes, judgments, orders, rules and regulations of any court or arbitrator or other governmental or regulatory authority and any other legal obligations, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its subsidiaries of personal, personally identifiable, household, sensitive, confidential or regulated data (“Data Security Obligations” and such data, “Data”); (ii) the Company has not received any notification of or complaint regarding and is unaware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation; and (iii) of there is no action, suit or proceeding by or before any court or governmental agency, authority or body pending or threatened alleging non-compliance with any Data Security Obligation. The Company and each of its subsidiaries have taken all technical and organizational measures necessary to protect the information technology systems and Data used in connection with the operation of the Company’s and its subsidiaries’ businesses. Without limiting the foregoing, the Company and its subsidiaries have used reasonable efforts to establish and maintain, and have established, maintained, implemented and complied with, reasonable information technology, information security, cyber security and data protection controls, policies and procedures, including oversight, access controls, encryption, technological and physical safeguards and business continuity/disaster recovery and security plans that are designed to protect against and prevent breach, destruction, loss, unauthorized distribution, use, access, disablement, misappropriation or modification, or other compromise or misuse of or relating to any information technology system or Data used in connection with the operation of the Company’s and its subsidiaries’ businesses (“Breach”). There has been no such Breach, and the Company and its subsidiaries have not been notified of and have no knowledge of any event or condition that would reasonably be expected to result in, any such Breach.
Data Security Obligations. (i) The Company and each of its subsidiaries are presently in material compliance with all applicable laws, statutes, judgments, orders, rules and regulations of any court or arbitrator or other governmental or regulatory authority and any other legal obligations, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its wholly owned subsidiaries of personal, personally identifiable, household, sensitive, confidential or regulated data (“Data Security Obligations”, and such data, “Data”); (ii) except as disclosed in the Company’s Current Report on Form 8-K filed on September 28, 2020, the Company has not received any notification of or complaint regarding and is unaware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation; and (iii) except as disclosed in the Company’s Current Report on Form 8-K filed on September 28, 2020, there is no material action, suit or proceeding by or before any court or governmental agency, authority or body pending or threatened alleging non-compliance with any Data Security Obligation.
Data Security Obligations. Service Provider will implement and maintain commercially reasonable administrative, technical, and physical safeguards, as described in Exhibit 2.
Data Security Obligations. 7.1 In addition to cl 7.8 of the Head Terms, the Supplier must comply with this clause at no additional cost to Amplitel.
Data Security Obligations. (i) The Company and each of its subsidiaries have been, since June 11, 2021 (the date on which the Company’s 3.850% Senior Notes due 2051 were issued, hereinafter referred to as the “2021 Notes Issuance Date”), and are presently, in compliance with all internal and external privacy policies, contractual obligations, industry standards, applicable laws, statutes, judgments, orders, rules and regulations of any court or arbitrator or other governmental or regulatory authority and any other legal obligations, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its subsidiaries of personal, personally identifiable, household, sensitive, confidential or regulated data (“Data Security Obligations”, and such data, “Data”); (ii) the Company has not received any notification of or complaint regarding and is unaware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation; and (iii) of there is no action, suit or proceeding by or before any court or governmental agency, authority or body pending or threatened alleging non-compliance with any Data Security Obligation, except as would not, in the case of each of clauses (i), (ii) and (iii) above, individually or in the aggregate, be reasonably likely to have a Material Adverse Effect.
Data Security Obligations. The Company’s and its Subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects as required in connection with, the operation of the business of the Company and its Subsidiaries as currently conducted, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants. The Company and each of its Subsidiaries have complied and are presently in material compliance with all internal privacy policies, contractual obligations, applicable laws, statutes, judgments, orders, rules and regulations of any Governmental Entity and any other legal obligations, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its Subsidiaries of personal, personally identifiable, household, sensitive, confidential or regulated data (“Data Security Obligations”, and such data, “Data”) and the IT Systems. None of the Company or any of its Subsidiaries has received any notification of or complaint regarding and is unaware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation. There is no action, suit or proceeding by or before any court or governmental agency, authority or body pending or, to the Company’s knowledge, threatened alleging non-compliance with any Data Security Obligation. The Company and its Subsidiaries have taken all necessary actions to prepare to comply with the European Union General Data Protection Regulation (and all other applicable laws and regulations with respect to Data that have been announced as of the date hereof as becoming effective within 12 months after the date hereof, and for which any non-compliance with same would be reasonably likely to create a material liability) as soon as they take effect.
Data Security Obligations. With regard to obtaining any Services under this Agreement, Customer must comply with the Computer(as defined herein) hardware, software, and Security Procedures requirements as set forth in these General Provisions and/or as set forth in any Service specific provisions or any supplemental information and/or instructions provided by Bank. Bank reserves the right to impose further reasonable requirements to maintain the appropriate level of security for the services and transactions contemplated hereunder and Customer agrees to abide by such requirements. Furthermore, Customer understands and acknowledges that if Customer does not follow commercially reasonable hardware, software, physical access and physical storage security procedures regarding any Customer‐owned Data(defined herein), including such data containing the sensitive personally identifiable information (“PII”) of any individual, the security of Customer’s transactions and/or Customer‐ owned Data (including sensitive PII) may be compromised. Customer understands, acknowledges and agrees that installation, maintenance and operation of but not limited to, data security protection, firewalls and anti‐ virus software is Customer’s sole responsibility, and that Customer is solely responsible for securing, encrypting, protecting and otherwise safeguarding Customer‐owned Data. Customer has determined that the Security Procedures (a) best meets Customer’s requirements with regard to size, type, and frequency of Files issued by Customer to Bank and (b) the Security Procedures are commercially reasonable.
Data Security Obligations. Except as would not have a Material Adverse Effect on the Company and its subsidiaries, taken as a whole, (i) to the Company’s knowledge, the Company and each of its subsidiaries have complied and are presently in compliance with all internal and external privacy policies, contractual obligations, industry standards, applicable laws, statutes, judgments, orders, rules and regulations of any court or arbitrator or other governmental or regulatory authority and any other legal obligations, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its subsidiaries of personal, personally identifiable, household, sensitive, confidential or regulated data (“Data Security Obligations”, and such data, “Data”); (ii) neither the Company nor any of its subsidiaries has received any notification of or complaint regarding, or is otherwise aware of any other facts that, individually or in the aggregate, would reasonably indicate non-compliance with any Data Security Obligation; and (iii) there is no action, suit, or proceeding by or before any court or governmental agency, authority or body pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries alleging noncompliance with any Data Security Obligation.
Data Security Obligations. 7.1 Security patching: When a security patch becomes available, RSG must ensure it patches any part of its network that stores or processes the Purchaser’s data, or connects to the Purchaser’s networks, as soon as reasonably practicable.
7.2 Encryption: RSG will ensure that:
(a) all the Purchaser’s data is encrypted at rest and in transit in accordance with the Purchaser’s encryption standards; and
(b) all devices accessing, storing or processing the Purchaser’s data have end point encryption installed.
7.3 Controlled access to systems and logging:
(a) RSG and its Personnel must only access the Purchaser’s data for the purposes of this Agreement;
(b) RSG must keep and maintain accurate and up-to date records of any access, collection, or changes of the Purchaser’s data by RSG (Data Records), including details of the relevant RSG Personnel involved and the date and purpose of the access, collection, or change; and
(c) at the Purchaser’s request, RSG must provide the Purchaser with copies of the Data Records in real time, and if not possible, within 24 hours of real time.
7.4 Data Loss Prevention Capability: RSG will have in place appropriate software, systems and processes that are designed to detect and prevent loss of the Purchaser’s data.
7.5 Back up and data recovery capability: RSG will:
(a) make backup copies of the Purchaser’s data and system configurations at least every 10 Business Days (Back-Ups);
(b) store Back-Ups securely in accordance with the Purchaser’s backup requirements;
(c) retain Back-Ups at no additional cost to the Purchaser for 42 Days (or longer if requested by the Purchaser); and
(d) provide the Purchaser’s data to the Purchaser if requested.
7.6 Vulnerability detection: RSG must:
(a) ensure that any server or computer connected to the Internet that is used to access, store, modify or use the Purchaser’s data undergoes vulnerability scans:
(i) monthly; and
(ii) promptly following any system change; and
(b) immediately fix any vulnerabilities discovered and report such vulnerabilities and fixes to the Purchaser as soon as reasonably practicable.
7.7 Erasure of the Purchaser’s data:
(a) The Purchaser must approve the occurrence and method of any de-identification, destruction or permanent erasure of the Purchaser’s data under this Agreement in writing.
(b) If RSG must replace data storage infrastructure under this Agreement, it must ensure any of the Purchaser’s data is permanently erased or the infrastructure is destroyed in a secur...
Data Security Obligations. Except as set forth in the Registration Statement, the Disclosure Package and the Prospectus, and except as would not reasonably be expected to have a Material Adverse Change on the Company and its Subsidiaries, taken as a whole: (i) the Company and each of its Subsidiaries have complied and are presently in compliance with all internal and external privacy policies, their privacy- and data protection-related contractual obligations, and applicable laws, statutes, judgments, orders, rules and regulations of any court or arbitrator or other governmental or regulatory authority, in each case, relating to the collection, use, transfer, import, export, storage, protection, disposal and disclosure by the Company or any of its Subsidiaries of personal information, personally identifiable information, or personal data, as defined under applicable data privacy laws including, without limitation, the rules and regulations imposed by the U.S. Children’s Online Privacy Protection Act (“Data Security Obligations”); (ii) the Company has not received any written notification or complaint that indicates the Company’s non- compliance with any Data Security Obligation; and (iii) there is no action, suit or proceeding by or before any court or governmental agency, authority or body pending or threatened in writing alleging non- compliance by the Company with any Data Security Obligation.