Common use of Information Technology and Data Protection Clause in Contracts

Information Technology and Data Protection. Except as would not, individually or in the aggregate, have a Material Adverse Effect, the Company and its subsidiaries own or have a valid right to access and use all computer systems, networks, hardware, software, data and databases (including (i) the data and information of their respective customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Company and its subsidiaries, and (ii) any such data processed or stored by third parties on behalf of the Company and its subsidiaries (such data described in the foregoing clause (ii) being referred to as “Third Party Data”)), equipment or technology, websites and functions used in connection with the business of the Company and the subsidiaries (collectively, “IT Systems and Data” and, without regard to Third Party Data, “Company IT Systems and Data”). The IT Systems and Data are adequate for, and operate and perform as required in connection with, the operation of the business of the Company and its subsidiaries as currently conducted, except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company and its subsidiaries have implemented commercially reasonable backup, security and disaster recovery technology consistent with applicable regulatory standards and customary industry practices. To the Company’s knowledge, there has been no material security breach or incident, unauthorized access or disclosure, or other compromise relating to the Company IT Systems and Data, and there has been no material security breach or incident, unauthorized access or disclosure, or other material compromise relating to Third Party Data, except in each case for breaches, incidents, unauthorized access or disclosures, or other compromises that would not have a Material Adverse Effect. Neither the Company nor its subsidiaries have been notified of, and have no knowledge of, any event or condition that would result in, (i) any material security breach or incident, unauthorized access or disclosure or other compromise to the Company IT Systems and Data and (ii) any material security breach or incident, unauthorized access or disclosure or other material compromise to Third Party Data. The Company and its subsidiaries are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the use, privacy and security of IT Systems and Data and Third Party Data and to the protection of such IT Systems and Data and Third Party Data from unauthorized use, access, misappropriation or modification.

Information Technology and Data Protection. Except as would not, individually or in the aggregate, have a Material Adverse Effect, the Company and its subsidiaries own or have a valid right to access and use all computer systems, networks, hardware, software, data and databases (including (i) the data and information of their respective customers, employees, suppliers, vendors and any third party data maintained, processed or stored by the Company and its subsidiaries, and (ii) any such data processed or stored by third parties on behalf of the Company and its subsidiaries (such data described in the foregoing clause (ii) being referred to as “"Third Party Data”")), equipment or technology, websites and functions used in connection with the business of the Company and the subsidiaries (collectively, “"IT Systems and Data” " and, without regard to Third Party Data, “"Company IT Systems and Data”"). The IT Systems and Data are adequate for, and operate and perform as required in connection with, the operation of the business of the Company and its subsidiaries as currently conducted, except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company and its subsidiaries have implemented commercially reasonable backup, security and disaster recovery technology consistent with applicable regulatory standards and customary industry practices. To the Company’s 's knowledge, there has been no material security breach or incident, unauthorized access or disclosure, or other compromise relating to the Company IT Systems and Data, and there has been no material security breach or incident, unauthorized access or disclosure, or other material compromise relating to Third Party Data, except in each case for breaches, incidents, unauthorized access or disclosures, or other compromises that would not have a Material Adverse Effect. Neither the Company nor its subsidiaries have been notified of, and have no knowledge of, any event or condition that would result in, (i) any material security breach or incident, unauthorized access or disclosure or other compromise to the Company IT Systems and Data and (ii) any material security breach or incident, unauthorized access or disclosure or other material compromise to Third Party Data. The Company and its subsidiaries are presently in material compliance with all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the use, privacy and security of IT Systems and Data and Third Party Data and to the protection of such IT Systems and Data and Third Party Data from unauthorized use, access, misappropriation or modification.