Common use of Protecting Data Clause in Contracts

Protecting Data. Merchant acknowledges and agrees that in the course of providing Gateway Services to Merchant, PPD will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Data”). PPD shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PPD’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PPD of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PPD or any PPD agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant ▇▇▇▇▇▇▇▇ acknowledges and agrees that in the course of providing Gateway Services to Merchant▇▇▇▇▇▇▇▇, PPD will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Data”). PPD shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PPD’s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant ▇▇▇▇▇▇▇▇ agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PPD of any actual or suspected security breach involving Data and allow, at Merchant’s expense, PPD or any PPD agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.

Protecting Data. Merchant ▇▇▇▇▇▇▇▇ acknowledges and agrees that in the course of providing Gateway Services to Merchant▇▇▇▇▇▇▇▇, PPD will capture certain personal and identifiable information, including Cardholder account numbers and transactional information (“Data”). PPD shall not disclose Data to other third parties or use the Data except to the extent the use or disclosure of Data is necessary in (i) providing Gateway Services (including the dissemination of Data required by the acquiring bank, payment processor, any reseller, or financing agency (each a “Member Service Provider” or “MSP”)); (ii) maintaining records for internal tracking, reporting and support purposes; or (iii) complying with industry requirements, a court or governmental agency request or subpoena, or to defend PPD’s PPD‟s rights in a legal dispute. Merchant shall be fully and solely responsible for the security of Data residing on servers operated, controlled or owned by Merchant or a third party designated by Merchant. Merchant ▇▇▇▇▇▇▇▇ agrees to use commercially reasonable efforts, at its sole cost and expense, to maintain the security of its systems, including creating firewalls to protect against unauthorized access and any other Data Privacy Requirements. Merchant shall immediately notify PPD of any actual or suspected security breach involving Data and allow, at Merchant’s Merchant‟s expense, PPD or any PPD agent to investigate and implement any measures reasonably required to prevent future occurrences of any such breaches. Merchant shall at all times comply with Data Privacy Requirements, as amended from time to time.