Common use of Responsibility for Customer Data Compliance Clause in Contracts

Responsibility for Customer Data Compliance. CDS provides the TrialKit Platform in a manner such that Client, as the data controller, can collect, store and organize the personal data of data subjects determined by Client. The TrialKit Platform is designed to work as a database for client-customized data collection within clinical research. Client determines how it will use the TrialKit Platform, subject to the restrictions of this Agreement. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any Customer Data that you submit, post or display on or through the Service; (ii) the Customer Data is in compliance with, and subject to, our Acceptable Use Policy; and (iii) the Customer Data you submit, your use of such Customer Data, and our use of such Customer Data, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation (the “Laws”); (c) violate any of your or third party’s policies and terms governing the Customer Data. Other than our security and data protection obligations expressly set forth in Section 6 and in the Data Processing Agreement, attached hereto as Exhibit A and incorporated by reference herein, we assume no responsibility or liability for Customer Data, and you shall be solely responsible for Customer Data and the consequences of using, disclosing, storing, or transmitting it. It is hereby clarified that CDS shall not monitor and/or moderate the Customer Data and there shall be no claim against CDS of not acting so.

Responsibility for Customer Data Compliance. CDS provides the TrialKit Platform in a manner such that Client, as the data controller, can collect, store and organize the personal data of data subjects determined by Client. The TrialKit Platform is designed to work as a database for client-customized data collection within clinical research. Client determines how it will use the TrialKit Platform, subject to the restrictions of this Agreement. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or and/aor authority, necessary to grant the rights granted herein, for any Customer Data that you submit, post or display on or through the Service; (ii) the Customer Data is in compliance with, and subject to, our Acceptable Use Policy; and (iii) the Customer Data you submit, your use of such Customer Data, and our use of such Customer Data, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation (the “Laws”); (c) violate any of your or third party’s policies and terms governing the Customer Data. Other than our security and data protection obligations expressly set forth in Section 6 and in the Data Processing Agreement, attached hereto as Exhibit A and incorporated by reference herein6, we assume no responsibility or liability for Customer Data, and you shall be solely responsible for Customer Data and the consequences of using, disclosing, storing, or transmitting it. It is hereby clarified that CDS shall not monitor and/or moderate the Customer Data and there shall be no claim against CDS of not acting so.. You shall not submit to the Service any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction, unless the required measures have been taken for collecting the protected data; (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction, unless Customer and CDS separately enter into a HIPAA Business Associate Agreement; and