Common use of Privacy Breach Notification Clause in Contracts

Privacy Breach Notification. (a) Without limiting the generality of Section 12.10(k), upon becoming aware of the occurrence of any security breach or privacy breach, the CPA will do the following, subject to Applicable Law: (i) immediately, but in any event not later than two (2) Business Days from the date the CPA becomes aware of the occurrence of such security breach or privacy breach, notify the Trustee and Guarantor by telephone and in writing; (ii) take all steps necessary to enforce against any Person that is or may be engaging in such unauthorized handling any rights that the CPA has to require such person to comply with any obligation of confidence to the CPA and to cease such unauthorized activities; (iii) do all things, execute all documents and give all assistance reasonably required by the Trustee and the Guarantor to enable the Trust to enforce against any Person that is or may be engaging in such unauthorized handling any rights that the Trust has to require such person to comply with any obligation of confidence to the Trust and to cease such unauthorized activities; and (iv) if the security breach involves Personal Information, then, if requested by the Trustee or Guarantor, reasonably cooperate with and assist the Trustee or Guarantor in any communication with the media, any affected persons (by press release, telephone, letter, call centre, website or any other method of communication) and any Governmental Authorities to explain the occurrence of the security breach and the remedial efforts being undertaken. The content and method of any such communications will be determined by the Trustee and the Guarantor. To the extent such communications refer to the CPA, the content and method of such communications will also be determined by CPA. (b) Additionally, the CPA shall assist the Trustee or Guarantor in mitigating any potential damage and take such steps as are directed by the Trustee and Guarantor to assist in the investigation, mitigation and remediation of each such security breach. (c) As soon as reasonably practicable after any such security breach, the CPA shall conduct a root cause analysis and, upon request, will share summaries of the results of its analysis and its remediation plan with the Trust. The CPA shall provide updated information to the Trust should additional details be discovered regarding the cause, nature, consequences, or extent of the security breach.

Privacy Breach Notification. (a) Without limiting the generality of Section 12.10(k11.10(k), upon becoming aware of the occurrence of any security breach or privacy breach, the CPA Custodian will do the following, subject to Applicable Law: (i) immediately, but in any event not later than two (2) Business Days from the date the CPA Custodian becomes aware of the occurrence of such security breach or privacy breach, notify the Trustee and Guarantor by telephone and in writing; (ii) take all steps necessary to enforce against any Person that is or may be engaging in such unauthorized handling any rights that the CPA Custodian has to require such person to comply with any obligation of confidence to the CPA Custodian and to cease such unauthorized activities; (iii) do all things, execute all documents and give all assistance reasonably required by the Trustee and the Guarantor to enable the Trust to enforce against any Person that is or may be engaging in such unauthorized handling any rights that the Trust has to require such person to comply with any obligation of confidence to the Trust and to cease such unauthorized activities; and (iv) if the security breach involves Personal Information, then, if requested by the Trustee or Guarantor, reasonably cooperate with and assist the Trustee or Guarantor in any communication with the media, any affected persons (by press release, telephone, letter, call centre, website or any other method of communication) and any Governmental Authorities to explain the occurrence of the security breach and the remedial efforts being undertaken. The content and method of any such communications will be determined by the Trustee and the Guarantor. To the extent such communications refer to the CPACustodian, the content and method of such communications will also be determined by CPACustodian. (b) Additionally, the CPA Custodian shall assist the Trustee or Guarantor in mitigating any potential damage and take such steps as are directed by the Trustee and Guarantor to assist in the investigation, mitigation and remediation of each such security breach. (c) As soon as reasonably practicable after any such security breach, the CPA Custodian shall conduct a root cause analysis and, upon request, will share summaries of the results of its analysis and its remediation plan with the Trust. The CPA Custodian shall provide updated information to the Trust should additional details be discovered regarding the cause, nature, consequences, or extent of the security breach.