Privacy and Information Security Clause Samples

Privacy and Information Security. (a) Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, each Acquired Company maintains commercially reasonable procedures and external and internal policies that comply with applicable Laws governing Personal Data and are designed to protect Personal Data from unauthorized access, use, and disclosure. (b) Except as would not reasonably be expected to have a Material Adverse Effect, since January 1, 2019, each Acquired Company has been in compliance with (i) the respective Acquired Company’s external and internal written policies, as applicable, governing the security, privacy, transfer and use of Personal Data; (ii) applicable Laws governing Personal Data; and (iii) all applicable Company Contracts governing Personal Data. (c) Since January 1, 2019, except as would not reasonably be expected to have a Material Adverse Effect, no Acquired Company has experienced any unauthorized access, acquisition, theft, destruction, or disclosure of Personal Data. Since January 1, 2019, none of the Acquired Companies have been legally required to provide any notices to data owners in connection with an unauthorized disclosure of Personal Data and none of the Acquired Companies have provided any such notice. (d) There are no claims pending or, to the Knowledge of the Company, threatened in writing against any of the Acquired Companies alleging a violation of any Person’s Personal Data or any Law applicable to the Processing of Personal Data. To the Knowledge of the Company, since January 1, 2019, no Acquired Company has been under investigation by any Governmental Body regarding its protection, storage, use, disclosure, and transfer of Personal Data. (e) Since January 1, 2019, no Acquired Company has received any material written claim, complaint, inquiry, or notice from any Person regarding the Company’s collection, processing, use, storage, security, and disclosure of Personal Data. (f) No Acquired Company has made any commitments under Company Contracts in connection with any Personal Data, which commitments would prevent Purchaser and its Affiliates from using any material Personal Data after the Closing in a substantially similar manner as currently used or permitted to be used by the Acquired Companies.

Privacy and Information Security. ▪ See the Privacy; Communications and Information Authorization Sections of this Agreement for additional information.

Privacy and Information Security. SELLER will comply with BUYER’s privacy and information security requirements set forth on ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇.▇▇▇/guidelines/pg-guidelines-for-suppliers.

Privacy and Information Security. We make security and the protection of your information a top priority. Our consumer privacy notice, titled, “What Does Bank of Hawaii Corporation Do with your Personal Information?” describes how we collect, share, and protect your personal information and is provided to consumers who open a new account with us. We will share information about you and your account(s) with us, with affiliates and third parties, unless the law or our privacy notice prohibits us from doing so. You can obtain a copy of our consumer privacy notice on ▇▇▇.▇▇▇.▇▇▇.

Privacy and Information Security. (a) Except for matters that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, Seller and its Affiliates are in compliance with all Privacy Laws. Since January 1, 2022, to the Knowledge of Seller, there have been no successful unauthorized intrusions or material breaches of the security of information technology systems used for the Acquired Assets that has resulted in the unauthorized use or disclosure of any Personal Information owned or maintained by Seller or its Affiliates and exclusively relating to the Acquired Assets. Seller and its Affiliates have implemented and maintained, commercially reasonable and at a minimum industry standard security measures, plans, procedures, controls, and programs, including written information security programs, to (i) identify and address risks to the privacy and security of Personal Information in their possession, or control, (ii) implement, monitor, and improve adequate and effective administrative, technical, and physical safeguards to protect such Personal Information and the operation, integrity, and security of its Technology Systems involved in the processing of Personal Information, and (iii) provide notification in compliance with applicable Privacy Laws in the case of any security incident. (b) The electronic data processing, information, record keeping, communications, telecommunications, hardware, networks, peripherals, and computer systems, including any outsourced systems and processes that are used in the Operations (collectively, “Technology Systems”) are reasonably adequate for the Operations as currently conducted. With respect to each Technology System: (i) the Seller or its Affiliates have taken commercially reasonable steps and implemented procedures designed to protect such Technology Systems from viruses or other malicious code, including the use of antivirus software; (ii) to the Knowledge of Seller, there have been no material security breaches by an unauthorized third party to the physical or virtual assets or premises or Technology Systems of Seller or its Affiliates resulting in unauthorized access to the proprietary data of Seller or the Operations or to proprietary data or other confidential information of any third party; and (iii) Seller and its Affiliates have taken commercially reasonable steps and implemented commercially reasonable procedures and measures to mitigate risks that the Technology Systems will be used or accessed by p...

Privacy and Information Security. Except as set forth on Schedule 4.18, each Loan Party and each of its Subsidiaries complies, and during the past six years has complied, in all material respects with (i) HIPAA and Other Privacy Laws, (ii) their privacy policies and notices, and (iii) all contracts relating to Processing of Personal Information. No Loan Party nor any of its Subsidiaries, nor, to the knowledge of any Loan Party, any other Person, has received any notice, allegation, complaint or other communication, and to the knowledge of any Loan Party, there is no pending investigation by any Governmental Authority or payment card association, regarding any actual or possible violation of HIPAA and Other Privacy Laws by or with respect to any Loan Party or any of its Subsidiaries. To the knowledge of each Loan Party, after reasonable investigation, no Loan Party nor any of its Subsidiaries has suffered a security breach with respect to any of Personal Information and there has been no unauthorized or illegal use of or access to any Personal Information. Except as set forth on Schedule 4.18, no Loan Party nor any of its Subsidiaries has notified, or been required to notify, any Person of any information security breach involving Personal Information. Each Loan Party and its Subsidiaries employ commercially reasonable security measures that comply in all material respects with HIPAA and Other Privacy Laws to protect Personal Information within their custody or control and require the same of all vendors that Process Personal Information on their behalf. Each Loan Party and its Subsidiaries have provided all requisite notices and obtained all required consents, and satisfied all other requirements (including notification to Governmental Authorities), necessary for such Loan Party’s or such Subsidiary’s Processing (including international and onward transfer) of all Personal Information in connection with the conduct of the business as currently conducted and in connection with the consummation of the transactions contemplated hereunder.

Privacy and Information Security. We make security and the protection of your information a top priority. You can access our First Financial Bankshares Privacy Policy at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇, which is incorporated into and made a part of this Zelle Agreement by this reference. You agree to take every precaution to safeguard and ensure the safety of your identity, accounts, transactions and confidential user access credentials and passwords when using online services including Zelle Service. You agree to never give your personal information, account information, or user access credentials and passwords to anyone you do not know, whose identity you cannot verify, and who is unauthorized to conduct transactions on your account(s). You should always, if possible, use trustworthy wireless networks. If you give your personal information or user access credentials to someone and that person uses your information to access your account(s), you agree that such use will be deemed authorized, and you will be responsible for any and all online banking services including Zelle Service activities. You agree that you will also be liable for all transactions performed by such individual(s), as allowed by applicable law. The Bank reserves the right to rely upon the access of the Zelle Service, using the User access credentials you provide as legitimate. The Bank will never contact you and ask you to give us your account information, including usernames, personal identification numbers, and account numbers, over the phone, by email, or by text message. You agree not to disclose your personal information and account information to unknown persons through these or any other channels for any reason. You agree to remain vigilant for phishing and other fraudulent scams and to notify us promptly if you become aware of or suspect fraudulent activity involving your identity, your accounts, or the Bank. If you fail to exercise reasonable care to protect your identity and safeguard your accounts, we will not be liable unless required by law. For added security, you agree to not leave your device unattended while logged into online banking services including Zelle Service, and you will log off immediately at the completion of each access. Please note that once you are logged into the online banking services including Zelle Service using your password, we will act on any instructions received by you. You are ultimately responsible for keeping your User access credentials and account information confidential. The Bank w...

Privacy and Information Security. Each party hereto acknowledges and agrees that, subject to the reuse and re-disclosure provisions of ▇▇▇▇▇▇▇▇▇▇ ▇-▇, ▇▇ ▇▇▇ Part 248.11, it shall implement procedures reasonably designed to limit disclosure of the non-public personal information of shareholders and former shareholders of the Fund obtained under this Agreement to disclosures appropriate to carrying out the activities contemplated by this Agreement or as otherwise agreed in writing or permitted by law or regulation. In addition, BNYM shall comply with the provisions of Schedule E (Information Security Requirements) attached hereto. In addition to the foregoing, BNYM agrees to implement procedures reasonably designed to protect "personal information", as that term is defined in 201 CMR 17.00: Standards For The Protection Of Personal Information Of Residents Of The Commonwealth ("Massachusetts Privacy Regulation"), consistent with the Massachusetts Privacy Regulation and any applicable federal regulations.

Privacy and Information Security. We make security and the protection of your information a top priority. You can access our Privacy Notice in the Privacy Center of our website, at: ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇▇. Our Privacy Notice is incorporated into and made a part of this Agreement by this reference.