Client Data and Security Clause Samples
The Client Data and Security clause establishes the obligations of parties regarding the protection, handling, and confidentiality of client data. It typically outlines the measures that must be taken to safeguard sensitive information, such as implementing technical safeguards, restricting access to authorized personnel, and complying with relevant data protection laws. This clause ensures that client data is managed securely, reducing the risk of data breaches and legal liabilities, and providing assurance to clients that their information will be handled responsibly.
Client Data and Security.
13.1 All right, title and interest (including all Intellectual Property Rights) in all Client Data stored and/or processed by the Client using the Solution is and remains vested in the Client.
13.2 The Client is solely responsible for:
13.2.1 the accuracy, quality, integrity, legality, reliability, appropriateness, access to, and ownership of all such Client Data; and
13.2.2 where an Alternative Hosting Solution is used ,maintaining the security of its Client Data, and ensuring that copies of Client Data are adequately stored.
13.3 The Client grants to Education Horizons a non-exclusive, sub-licensable and royalty-free licence to:
13.3.1 use the Client Data to the extent necessary to fulfil its obligations under the Agreement;
13.3.2 use Client Data and usage statistics regarding the Client’s use of the Solution for improving product and user experience and, in respect of de-identified data only, for commercial purposes;
13.3.3 access the Client Data for technical and support purposes at any time in connection with the Support and Maintenance Services; and
13.3.4 disclose Client Data where required to do so by law or court order, provided that Education Horizons will use reasonable endeavours to notify the Client of any such request.
13.4 The Client acknowledges and agrees that security risks cannot be eliminated and the internet is not a secure medium and, as with all systems that permit data upload or transmission over the internet, the use of the Solution carries with it the risk that the Client or any Authorised User may send, receive, upload, download or transmit a file that contains Harmful Code, and that Harmful Code may damage the Client’s or any Authorised User’s computers, systems and Client Data, and may spread and damage other persons’ computers, systems and data.
13.5 Education Horizons will follow its back-up and archiving procedures for Client Data as in force from time to time. In the event of any loss or damage to Client Data, the Client's sole and exclusive remedy against Education Horizons will be for Education Horizons to use reasonable commercial endeavours to restore the lost or damaged Client Data from the latest back-up of such Client Data maintained by Education Horizons in accordance with its standard back-up and archiving procedures.
13.6 On termination or expiration of the Agreement, the Client may access the Solution for 30 days immediately following the termination or expiration of the Agreement for the sole purpose of makin...
Client Data and Security. (a) Pegasystems and Client agree that each party may store, access, and process the other party’s Business Contact Data for the purpose of performing any obligations under this Agreement. Each party may share the other party’s Business Contact Data with its contractors, partners, assignees and others acting on such party’s behalf under this Agreement.
(b) Client represents and warrants that it has complied, and will throughout the Term comply, with all applicable data privacy laws and regulations in relation to Client Data, including, without limitation, that it has provided any necessary notices and obtained any necessary consents relating to Client’s collection and use of such Client Data.
(c) To the extent Pegasystems is processing any Client Data that includes PII, the DPA is incorporated by reference.
Client Data and Security. (a) During the Term, Pegasystems will provide the Security Standards describing Pegasystems’ information and physical security program (attached as Exhibit B to this Agreement).
(b) Pegasystems and Client agree that each party may store, access, and process the other party’s Business Contact Data for the purpose of performing any obligations under this Agreement. Each party may share the other party’s Business Contact Data with its contractors, partners, assignees and others acting on such party’s behalf under this Agreement.
(c) Client represents and warrants that it has complied, and will throughout the Term comply, with all applicable data privacy laws and regulations in relation to Client Data, including, without limitation, that it has provided any necessary notices and obtained any necessary consents relating to Client’s collection and use of such Client Data.
(d) To the extent Pegasystems is processing any Client Data that includes PII, the DPA is incorporated by reference.
Client Data and Security. 6.1 Oleeo shall:
6.1.1 for the duration of this agreement, take whatever reasonable measures necessary to ensure System security meets the requirements laid out in Schedule 7;
6.1.2 at all reasonable times, upon reasonable prior notice and at the Client’s reasonable expense allow the Client’s representatives access in order to test System security and conduct an inspection and review of Oleeo’s security procedures;
6.1.3 follow the procedures for Client Data as described in Schedule 7; and
6.1.4 not be responsible for any loss, destruction, alteration or disclosure of Client Data caused by any third party (except those third parties sub-contracted by Oleeo to perform services related to Client Data maintenance and back-up).
6.2 The Client shall:
6.2.1 nominate Client Users who, subject to Oleeo’s consent, will have access to the System and, without limiting the Client’s liability for any breaches of this agreement, the Client shall be liable for their use, or misuse, of the System;
6.2.2 keep, and shall ensure Client Users keep, confidential any user name and password assigned to them and shall be responsible for protecting and securing said user names Oleeo Standdard Terms v27x GC Page 7 of 32 and passwords and preventing, so far as possible, any unauthorised use of the System; and
6.2.3 notify Oleeo of any actual or anticipated unauthorised or improper access to or use of the System, including but not limited to a Client User being or becoming affiliated with a competitor of Oleeo, as soon as the Client becomes aware of this.
6.3 In the event of any loss or damage to Client Data, the Client’s sole and exclusive remedy shall be for Oleeo to use reasonable commercial efforts to restore the lost or damaged Client Data from the latest back-up of such Client Data maintained by Oleeo in accordance with the procedure described in Schedule 7.
6.4 Oleeo reserves the right to suspend access to the System for any Client User if in its sole opinion the continued use of the System could result in a disclosure of Oleeo’s Confidential Information.
Client Data and Security. (a) Client represents and warrants that it has complied, and will throughout the Term of Client’s use of the Subscription Services comply, with all applicable data privacy laws and regulations in relation to Client Data, including, without limitation, that it has provided any necessary notices and obtained any necessary consents relating to Client’s collection and use in relation to the Subscription Services of such Client Data.
(b) During the Term, Pegasystems will provide the Security Standards describing Pegasystems’ information and physical security program (attached as Exhibit B to this Agreement).
(c) During the Term of Client’s use of the Subscription Services, each party will comply with its respective obligations set forth in the Client Data Rights and Responsibilities and Pega Cloud Security Controls, which are incorporated by reference.
(d) To the extent the Client’s use of the Subscription Services involves the processing by Pegasystems of Client Data which includes PII on Client’s behalf the DPA is incorporated by reference.
(e) Pegasystems and Client agree that each party may store, access, and process the other party’s Business Contact Data for the purpose of performing any obligations under this Agreement. Each party may share the other party’s Business Contact Data with its contractors, partners, assignees and others acting on such party’s behalf under this Agreement.
Client Data and Security