Incident Response Program. An incident response program that complies with Legal Requirements to address any actual or suspected information security incident (as defined in applicable Legal Requirements) involving unauthorized access to the parties’ physical or electronic systems that either compromises or could compromise sensitive information. A Security Incident includes but is not limited to physical trespass on a secure facility, computing systems intrusion/hacking, loss/theft of a PC (laptop or desktop), loss/theft of printed materials, etc. To the extent not prohibited by law or an enforcement agency, the party that becomes aware of the Security Incident will notify the other party in writing within 24 hours (or within the time required by law, whichever is sooner) following its discovery of any Security Incident that involves Subscriber’s customers’ consumer information. The party that originates the Security Incident will take all reasonable steps to immediately mitigate and/or remedy such Security Incident and prevent any further breach in accordance with applicable Legal Requirements. Any notification to the other party must include periodic meetings to discuss and report the available facts, the status of the investigation, the estimated effects on Subscriber’s customer’s, and, if applicable, the potential number of affected customers. The Parties agree to cooperate fully with each other on any investigation, corrective action and response or affected customers notice requirements. Except as strictly required by applicable law, Security Software Solutions will not communicate with any third party, including but not limited to the media, vendors, and affected customers, regarding the Security Incident, as it relates to Subscriber, without Subscriber’s express consent, The parties will mutually agree on the content of the communication, which will abide by Subscriber’s regulatory requirements. To the extent a party is the source of the Security Incident it shall assume the costs related to responding to, and mitigating damages caused by any Security Incident, including all regulatory fines and costs of investigation, notification and/or remediation. Such party shall also defend, indemnify and hold harmless Subscriber and its subsidiaries, affiliates, and respective officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorney’s fees, the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance arising out of or resulting from any third- party claim against any indemnitee arising out of or resulting from a Security Incident. These reimbursement and indemnification provisions will not be subject to any limitation of liability stated in the Agreement. In the event of a court, governmental or regulatory order or legal action requiring the disclosure of consumer information, and to the extent permitted by law, the parties agree to request confidential treatment of any such consumer information, to promptly notify the disclosing party, and at its expense, to postpone the disclosure in order to allow it to request a protective order if necessary. A disclosure by the receiving party of Confidential Information of the disclosing party in response to a valid order by a court or administrative/governmental body or as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes. Upon Subscriber’s request, Security Software Solutions shall promptly return or destroy all copies of Subscriber’s customers’ social security numbers, including, without limitation, physical copies and copies embedded in computer files, extracts from computer files and analyses or in conjunction with other customer information or based upon the customer information; Security Software Solutions shall submit, within thirty (30) days of such request, an attestation executed by an authorized officer certifying that the information has been destroyed. End User’s business location is: √_ COMMERCIAL RESIDENTIAL End User Company Name: End User Physical Address: Phone: ( ) Nature of your business: Financial Services End User Contact Title Phone ( ) Fax ( ) E-Mail Authorized Signature/Title Governing law and jurisdiction This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona. The parties hereto voluntarily submit themselves to the jurisdiction of the State of Arizona for all claims and disputes arising out of or related to this Agreement.
Appears in 1 contract
Sources: License Agreement
Incident Response Program. An incident response program that complies with Legal Requirements to address any actual or suspected information security incident (as defined in applicable Legal Requirements) involving unauthorized access to the parties’ physical or electronic systems that either compromises or could compromise sensitive information. A Security Incident includes but is not limited to physical trespass on a secure facility, computing systems intrusion/hacking, loss/theft of a PC (laptop or desktop), loss/theft of printed materials, etc. To the extent not prohibited by law or an enforcement agency, the party that becomes aware of the Security Incident will notify the other party in writing within 24 hours (or within the time required by law, whichever is sooner) following its discovery of any Security Incident that involves Subscriber’s customers’ consumer information. The party that originates the Security Incident will take all reasonable steps to immediately mitigate and/or remedy such Security Incident and prevent any further breach in accordance with applicable Legal Requirements. Any notification to the other party must include periodic meetings to discuss and report the available facts, the status of the investigation, the estimated effects on Subscriber’s customer’s, and, if applicable, the potential number of affected customers. The Parties agree to cooperate fully with each other on any investigation, corrective action and response or affected customers notice requirements. Except as strictly required by applicable law, Security Software Solutions will not communicate with any third party, including but not limited to the media, vendors, and affected customers, regarding the Security Incident, as it relates to Subscriber, without Subscriber’s express consent, The parties will mutually agree on the content of the communication, which will abide by Subscriber’s regulatory requirements. To the extent a party is the source of the Security Incident it shall assume the costs related to responding to, and mitigating damages caused by any Security Incident, including all regulatory fines and costs of investigation, notification and/or remediation. Such party shall also defend, indemnify and hold harmless Subscriber and its subsidiaries, affiliates, and respective officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorney’s fees, the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance arising out of or resulting from any third- party claim against any indemnitee indemnity arising out of or resulting from a Security Incident. These reimbursement and indemnification provisions will not be subject to any limitation of liability stated in the Agreement. In the event of a court, governmental or regulatory order or legal action requiring the disclosure of consumer information, and to the extent permitted by law, the parties agree to request confidential treatment of any such consumer information, to promptly notify the disclosing party, and at its expense, to postpone the disclosure in order to allow it to request a protective order if necessary. A disclosure by the receiving party of Confidential Information of the disclosing party in response to a valid order by a court or administrative/governmental body or as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes. Upon Subscriber’s request, Security Software Solutions shall promptly return or destroy all copies of Subscriber’s customers’ social security numbers, including, without limitation, physical copies and copies embedded in computer files, extracts from computer files and analyses or in conjunction with other customer information or based upon the customer information; Security Software Solutions shall submit, within thirty (30) days of such request, an attestation executed by an authorized officer certifying that the information has been destroyed. √_ End User’s business location is: √_ COMMERCIAL RESIDENTIAL End User Company Name: End User Physical Address: Phone: ( ) Nature of your business: Financial Services End User Contact Title Phone ( ) Fax ( ) E-Mail Authorized Signature/Title Governing law and jurisdiction This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona. The parties hereto voluntarily submit themselves to the jurisdiction of the State of Arizona for all claims and disputes arising out of or related to this Agreement.
Appears in 1 contract
Sources: License Agreement
Incident Response Program. An incident response program that complies with Legal Requirements to address any actual or suspected information security incident (as defined in applicable Legal Requirements) involving unauthorized access to the parties’ physical or electronic systems that either compromises or could compromise sensitive information. A Security Incident includes but is not limited to physical trespass on a secure facility, computing systems intrusion/hacking, loss/theft of a PC (laptop or desktop), loss/theft of printed materials, etc. To the extent not prohibited by law or an enforcement agency, the party that becomes aware of the Security Incident will notify the other party in writing within 24 hours (or within the time required by law, whichever is sooner) following its discovery of any Security Incident that involves Subscriber’s customers’ consumer information. The party that originates the Security Incident will take all reasonable steps to immediately mitigate and/or remedy such Security Incident and prevent any further breach in accordance with applicable Legal Requirements. Any notification to the other party must include periodic meetings to discuss and report the available facts, the status of the investigation, the estimated effects on Subscriber’s customer’s, and, if applicable, the potential number of affected customers. The Parties agree to cooperate fully with each other on any investigation, corrective action and response or affected customers notice requirements. Except as strictly required by applicable law, Security Software Solutions will not communicate with any third party, including but not limited to the media, vendors, and affected customers, regarding the Security Incident, as it relates to Subscriber, without Subscriber’s express consent, The parties will mutually agree on the content of the communication, which will abide by Subscriber’s regulatory requirements. To the extent a party is the source of the Security Incident it shall assume the costs related to responding to, and mitigating damages caused by any Security Incident, including all regulatory fines and costs of investigation, notification and/or remediation. Such party shall also defend, indemnify and hold harmless Subscriber and its subsidiaries, affiliates, and respective officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorney’s fees, the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance arising out of or resulting from any third- party claim against any indemnitee arising out of or resulting from a Security Incident. These reimbursement and indemnification provisions will not be subject to any limitation of liability stated in the Agreement. In the event of a court, governmental or regulatory order or legal action requiring the disclosure of consumer information, and to the extent permitted by law, the parties agree to request confidential treatment of any such consumer information, to promptly notify the disclosing party, and at its expense, to postpone the disclosure in order to allow it to request a protective order if necessary. A disclosure by the receiving party of Confidential Information of the disclosing party in response to a valid order by a court or administrative/governmental body or as otherwise required by law shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes. Upon Subscriber’s request, Security Software Solutions shall promptly return or destroy all copies of Subscriber’s customers’ social security numbers, including, without limitation, physical copies and copies embedded in computer files, √_ extracts from computer files and analyses or in conjunction with other customer information or based upon the customer information; Security Software Solutions shall submit, within thirty (30) days of such request, an attestation executed by an authorized officer certifying that the information has been destroyed. End User’s business location is: √_ COMMERCIAL RESIDENTIAL End User Company Name: End User Physical Address: Phone: ( ) Nature of your business: Financial Services End User Contact Title Phone ( ) Fax ( ) E-Mail Authorized Signature/Title Governing law and jurisdiction This Agreement will be governed by and interpreted in accordance with the laws of the State of Arizona. The parties hereto voluntarily submit themselves to the jurisdiction of the State of Arizona for all claims and disputes arising out of or related to this Agreement.RESIDENTIAL
Appears in 1 contract
Sources: License Agreement