Common use of Mandatory Data Clause in Contracts

Mandatory Data. Customer acknowledges and agrees that by executing this Agreement and using the Licensed Software, it has agreed that product inventory and crash signature data generated by the Licensed Software shall be delivered into the custody of Philips, or of systems maintained on Philips’ behalf, without notice to Customer. Such data is referred to herein as “Mandatory Data” and such data is described in the Licensed Software’s documentation for each Licensed Software release; the data comprising Mandatory Data is subject to change with each release of upgrades, updates, patches and modifications to the Licensed Software. Customer agrees that any Mandatory Data will be the property of Philips. Part of the Mandatory Data might constitute (non-sensitive) Personal Data. Customer agrees that Philips may use and disclose Mandatory Data for Philips’ own business purposes (including, but not limited to, for data analytics activities to determine trends of usage of Philips’ or its affiliates’ devices and services, to facilitate and advise on continued and sustained use of Philips’ or its affiliates’ products and services, for product and service development and improvement (including the development of new offerings), substantiation of marketing claims and for benchmarking purposes). However, in doing so, Philips shall de-identify Customer’s data. Philips may use Customer’s data in support of such business deliverables and such process of de- identification shall occur on Customer’s premises. Separation of such data from the Philips database is impossible, therefore Philips shall have the right to continue using such data upon expiration of this Agreement.