Common use of Additional Safeguards Clause in Contracts

Additional Safeguards. Lusha agrees and warrants to implement and maintain a procedure for reviewing, and responding to any subpoena, warrant or other judicial, regulatory, governmental or administrative order, proceeding, demand or request (whether formal or informal) by a non-EEA government or quasi-governmental or other regulatory authority (including law enforcement or intelligence agencies) seeking or requiring access to or disclosure of personal data (“Government Authority Requests”). Such procedure shall require that where Lusha receives a Government Authority Request, Lusha shall: where permitted by applicable law, promptly notify Customer, in writing, of the Government Authority Request, so that Customer may contest or seek to narrow such disclosure or seek a protective order or other appropriate remedy. Where permitted by applicable law, Lusha shall use reasonable efforts to seek to redirect the relevant requesting authority to request or obtain the Personal Data directly from Customer; where permitted by applicable law, provide such reasonable assistance as the Customer may require in responding to the Government Authority Request; where permitted by applicable law, promptly notify the Data Subject (if the Data Subject’s identity is known to Lusha) of the Government Authority Request; where Lusha is prohibited by applicable laws from notifying Customer of the Government Authority Request, Lusha shall use reasonable efforts to seek relevant permission to allow Customer to intervene in the proceedings, scrutinize any such Government Authority Request to determine whether the Government Authority Request is valid, legally binding and lawful and reject or contest any the Government Authority Request that is not valid, legally binding and lawful and will not disclose any information until a competent court of last instance has issued a legally binding order that cannot be further challenged; where any attempt to contest, or to seek to narrow such Government Authority Request, or obtain a protective order or seek another remedy is not successful so that some or all the Personal Data is required to be disclosed, Lusha will take reasonable steps to ensure that the Personal Data disclosed or to which access is provided is proportionate and limited to the minimum amount strictly necessary for the purpose of complying with the Government Authority Request; and where any Government Authority Request or any subsequent disclosure or other action by Lusha prevents or would prevent Lusha from complying with this DPA or the instructions of the Customer, Lusha agrees to promptly inform the Customer of its inability to comply. Lusha agrees to maintain a written record that, to the extent permitted by applicable law, includes details of (i) the authority(ies) making the Government Authority Request, (ii) the number of Government Authority Requests received including in relation to the Customer’s Personal Data and how Lusha responded to the relevant Government Authority Request, (iii) the types of Personal Data provided in response to a Government Authority Request, and (iv) the number of EEA or UK data subjects whose Personal Data was made available in response to a Government Authority Request. To the extent permitted by applicable law, Lusha shall make aggregated information from such records available to the Customer upon request.

Additional Safeguards. Lusha agrees and warrants to implement and maintain a procedure for reviewing, and responding to any subpoena, warrant or other judicial, regulatory, governmental or administrative order, proceeding, demand or request (whether formal or informal) by a non-EEA government or quasi-governmental or other regulatory authority (including law enforcement or intelligence agencies) seeking or requiring access to or disclosure of personal data (“Government Authority Requests”). Such procedure shall require that where Lusha receives a Government Authority Request, Lusha shall: : 7.1. where permitted by applicable law, promptly notify Customer, in writing, of the Government Authority Request, so that Customer may contest or seek to narrow such disclosure or seek a protective order or other appropriate remedy. Where permitted by applicable law, Lusha shall use reasonable efforts to seek to redirect the relevant requesting authority to request or obtain the Personal Data directly from Customer; ; 7.2. where permitted by applicable law, provide such reasonable assistance as the Customer may require in responding to the Government Authority Request; ; 7.3. where permitted by applicable law, promptly notify the Data Subject (if the Data Subject’s identity is known to Lusha) of the Government Authority Request; ; 7.4. where Lusha is prohibited by applicable laws from notifying Customer of the Government Authority Request, Lusha shall use reasonable efforts to seek relevant permission to allow Customer to intervene in the proceedings, scrutinize any such Government Authority Request to determine whether the Government Authority Request is valid, legally binding and lawful and reject or contest any the Government Authority Request that is not valid, legally binding and lawful and will not disclose any information until a competent court of last instance has issued a legally binding order that cannot be further challenged; ; 7.5. where any attempt to contest, or to seek to narrow such Government Authority Request, or obtain a protective order or seek another remedy is not successful so that some or all the Personal Data is required to be disclosed, Lusha will take reasonable steps to ensure that the Personal Data disclosed or to which access is provided is proportionate and limited to the minimum amount strictly necessary for the purpose of complying with the Government Authority Request; and and 7.6. where any Government Authority Request or any subsequent disclosure or other action by Lusha prevents or would prevent Lusha from complying with this DPA or the instructions of the Customer, Lusha agrees to promptly inform the Customer of its inability to comply. Lusha agrees to maintain a written record that, to the extent permitted by applicable law, includes details of (i) the authority(ies) making the Government Authority Request, (ii) the number of Government Authority Requests received including in relation to the Customer’s Personal Data and how Lusha responded to the relevant Government Authority Request, (iii) the types of Personal Data provided in response to a Government Authority Request, and (iv) the number of EEA or UK data subjects whose Personal Data was made available in response to a Government Authority Request. To the extent permitted by applicable law, Lusha shall make aggregated information from such records available to the Customer upon request.