Common use of Cyber Security; Data Protection Clause in Contracts

Cyber Security; Data Protection. The Company and its subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) operate and perform in all material respects in conformance with their specifications or contracted requirements as required in connection with the operation of the business of the Company and its subsidiaries as currently conducted, and to the best knowledge of the Company, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, other than those not reasonably expected to have a Material Adverse Effect. The Company and its subsidiaries maintain commercially reasonable risk-based controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all mission critical IT Systems and the integrity redundancy and risk-based security of all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”) processed and stored thereon, and to the knowledge of the Company, there have been no material breaches, incidents, violations, outages, compromises or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability, nor any material incidents under internal review or investigations relating to the same. The Company and its subsidiaries are presently in material compliance with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, material internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification.

Appears in 4 contracts

Samples: Underwriting Agreement (Nasdaq, Inc.), Borse Dubai LTD, Nasdaq, Inc.

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Cyber Security; Data Protection. The Company and its subsidiaries’ information technology assets and equipment, computers, computer systems, networks, hardware, software, websitesinternet web sites, applications, data and databases (including the data of their respective customers, employees, suppliers, vendors and any third party data maintained by or on behalf of them), equipment or technology (collectively, “IT SystemsSystems and Data”) are adequate for, and operate and perform in all material respects in conformance with their specifications or contracted requirements as required in connection with with, the operation of the business of the Company and its the subsidiaries as currently conducted, and to except as would not, individually or in the best knowledge of the Companyaggregate, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, other than those not reasonably be expected to have a Material Adverse Effect. The Company and its subsidiaries maintain have implemented and maintained commercially reasonable risk-based information technology, information security, cyber security and data protection controls, policies, policies and procedures, including oversight, access controls, encryption, technological and safeguards physical safeguards, business continuity/disaster recovery and incident response to maintain adequately protect and protect their material confidential information prevent security breaches of, unauthorized access to and the integrity, continuous operation, redundancy and security other similar compromises of all mission critical IT Systems and the integrity redundancy Data in accordance with industry practices and risk-based security of all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”) processed and stored thereon, and to the knowledge of the Company, there have been no material breaches, incidents, violations, outages, compromises or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability, nor any material incidents under internal review or investigations relating to the sameas required by applicable regulatory standards. The Company and its subsidiaries (i) to the knowledge of the Company and the Guarantors, have not experienced and have no knowledge of any cyber-attack, security breach, unauthorized access or other similar compromise to their IT Systems and Data and (ii) are presently in material compliance with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, material internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except, in each case of clauses (i) and (ii), for any such cyber-attack, security breach, unauthorized access or other similar compromise, or noncompliance, that would not, individually or in the aggregate, be reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Purchase Agreement (Patrick Industries Inc), Patrick Industries Inc

Cyber Security; Data Protection. The Company and its subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects in conformance with their specifications or contracted requirements as required in connection with the operation of the business of the Company and its the subsidiaries as currently conducted, and to the best knowledge of the Company, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, other than those not reasonably expected to have a Material Adverse Effect. The Company and its subsidiaries maintain have implemented and maintained commercially reasonable risk-based controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all mission critical IT Systems and the integrity redundancy and risk-based security of data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) processed used in connection with their businesses, and, except as disclosed in the General Disclosure Package and stored thereon, and to the knowledge of the CompanyProspectus, there have been no material breaches, incidents, violations, outages, compromises outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability, nor any material incidents under internal review or investigations relating to the same. The Company and its subsidiaries are presently has at all times been in compliance in all material compliance respects with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company and its subsidiaries or any of their properties or assets, material internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification. The consummation of the transactions contemplated hereby will not breach or otherwise cause any violation of any law related to privacy, data protection, or the collection and use of personal information collected, used, or held for use by the Company in the conduct of the Company’s business.

Appears in 2 contracts

Samples: Underwriting Agreement (Shotspotter, Inc), Underwriting Agreement

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Cyber Security; Data Protection. The Company and its subsidiaries’ information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, data and databases (collectively, “IT Systems”) are adequate for, and operate and perform in all material respects in conformance with their specifications or contracted requirements as required in connection with the operation of the business of the Company and its the subsidiaries as currently conducted, and to the best knowledge of the Company, free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants, other than those not reasonably expected except where such inadequacy in, or failure to operate or perform, would not, individually or in the aggregate, have a Material Adverse Effect. The Company and its subsidiaries maintain have implemented and maintained commercially reasonable risk-based controls, policies, procedures, and safeguards to maintain and protect their material confidential information and the integrity, continuous operation, redundancy and security of all mission critical IT Systems and the integrity redundancy and risk-based security of data (including all personal, personally identifiable, sensitive, confidential or regulated data (“Personal Data”)) processed and stored thereonused in connection with their businesses, and to and, except as disclosed in the knowledge of the CompanyPricing Disclosure Package, there have been no material breaches, incidents, violations, outages, compromises outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liabilityliability or the duty to notify any other person or as would not, individually or in the aggregate, have a Material Adverse Effect, nor any material incidents under internal review or investigations relating to the same. The Company and its subsidiaries are presently in material compliance with all applicable laws or statutes and all applicable judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company and its subsidiaries or any of their properties or assets, material internal policies and contractual obligations relating to the privacy and security of IT Systems and Personal Data and to the protection of such IT Systems and Personal Data from unauthorized use, access, misappropriation or modification, except where such non-compliance or failure to protect would not, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Sangamo Therapeutics, Inc, Sangamo Therapeutics, Inc

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