BETA Services and Security Clause Samples

The 'BETA Services and Security' clause defines the terms under which beta or pre-release versions of a service are provided, with a particular focus on security considerations. Typically, this clause clarifies that beta services may not have the same level of security, reliability, or support as fully released products, and may be subject to change or discontinuation at any time. It often outlines the user's responsibilities for safeguarding their data and acknowledges potential risks associated with using beta features. The core function of this clause is to set expectations and allocate risk regarding the use of unfinished or experimental services, ensuring users are aware of and accept the potential limitations and security implications.
BETA Services and Security. During the Term, RUS agrees to engage a third party in accordance with the terms of Exhibit E (the “Third Party Auditor”), to conduct on-site audits Confidential Information of AssetMark and RUS of RUS not more than one (1) time per year to verify RUS’s compliance with its obligations set forth in this Agreement. During each calendar year, RUS will, at RUS’s expense, cause to be conducted SSAE 18 SOC 1 Type 2, and SOC 2 Type 2 audits for RUS’s production service location and RUS’s BCP site by an independent public accounting firm (“RUS Auditor”), and provide AssetMark with executive summaries of the resulting reports. Unless otherwise agreed by RUS and AssetMark, each SOC 1, subject to the carve outs in Exhibit E and the SOC 2 audit shall be conducted with the objective of obtaining a final, unqualified audit opinion for the applicable audit period and, as such, RUS shall promptly remediate any material weakness or deficiency revealed by any such audit. AssetMark and its external auditors will be provided executive summaries of relevant reports promptly, subject to the RUS Auditor’s restricted use provisions contained within the reports, including any subsequent reports issued following RUS’s remediation of material weaknesses or deficiencies, as soon as reasonably possible after the conclusion of such audit. AssetMark shall have the right to provide a copy of such reports to any applicable regulators and request confidential treatment; provided, however, that any such regulator’s refusal to agree to be bound by confidentiality terms shall not prevent such disclosure. At AssetMark’s request, RUS shall confirm in writing that there have been no changes in the relevant policies, procedures and internal controls since the completion of any such audit, or, as applicable, that material weaknesses or deficiencies have been remediated (i.e., through a representation letter provided by RUS). SSAE 18 shall mean the Statement on Standards for Attestation Engagements “Attestation Standards: Clarification and Recodification” issued by the AICPA Auditing Standards Board for reports dated after May 1, 2017. All audits shall be conducted during normal business hours and after reasonable notice to RUS. If an audit conducted by the Third Party Auditor results in RUS being notified that it, its third-party providers, agents or permitted subcontractors are not in compliance with such requirements or this Agreement, RUS shall, at its sole cost and expense, promptly take all n...
View Source

Related to BETA Services and Security

  • Password and Security If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

  • Access and Security Customer shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Hosted Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Hosted Services.

  • Data and Security If Contractor is granted access to Court Data, Confidential Information or Court Work Locations in the performance of the Work;

  • Privacy and Security (a) Each of the Company and its Subsidiaries complies (and requires and monitors the compliance of applicable third parties) in all material respects with all applicable Laws relating to privacy or data security, and reputable industry practice, standards, self-governing rules and policies and their own published, posted and internal agreements and policies (which are in conformance with reputable industry practice) (all of the foregoing collectively, “Privacy Laws”) with respect to: (i) personally identifiable information (including name, address, telephone number, electronic mail address, social security number, bank account number or credit card number), sensitive personal information and any special categories of personal information regulated thereunder or covered thereby (“Personal Information”), whether any of same is accessed or used by the Company or any of its Subsidiaries or any of their respective business partners; and (ii) non-personally identifiable information, whether any of same is accessed or used by the Company or any of its Subsidiaries or any of their respective business partners. (b) Neither the Company nor any of its Subsidiaries uses, collects, or receives any Personal Information or sensitive non-personally identifiable information and does not become aware of the identity or location of, or identify or locate, any particular Person as a result of any receipt of such Personal Information, in a manner which would materially breach or violate any Privacy Laws and materially and adversely impact the business of the Company and its Subsidiaries, taken as a whole. (c) To the Company’s knowledge, Persons with which the Company or any of its Subsidiaries have contractual relationships have not breached any agreements or any Privacy Laws pertaining to Personal Information and to non-personally identifiable information. (d) To the Company’s knowledge, the Company and its Subsidiaries take all commercially reasonable steps to protect the operation, confidentiality, integrity and security of their respective business systems and websites and all information and transactions stored or contained therein or transmitted thereby against any unauthorized or improper use, access, transmittal, interruption, modification or corruption, and there have been no material breaches of same. Without limiting the generality of the foregoing, each of the Company and its Subsidiaries (i) uses industry standard encryption technology and (ii) has implemented a comprehensive security plan that (1) identifies internal and external risks to the security of the Company’s or its Subsidiaries’ confidential information and Personal Information and (2) implements, monitors and improves adequate and effective safeguards to control those risks.

  • DATA PROTECTION AND SECURITY A. In this Agreement the following terms shall have the meanings respectively ascribed to them: