Privacy; IT Systems Clause Samples

Privacy; IT Systems. (a) Since January 1, 2013, Seller has, with respect to the TMA Business, (i) complied in all material respects with all applicable Laws and its applicable internal and public privacy policies relating to the use, collection, storage, disclosure and transfer of any personally identifiable information or confidential customer data, (ii) not received a written complaint alleging non-compliance with the foregoing regarding the collection, use or disclosure of personally identifiable information or confidential customer data, and (iii) not experienced a material data breach involving a third party obtaining unauthorized access to any such personally identified information or confidential customer data from Seller or its systems. (b) The IT Systems of Seller and its Subsidiaries are adequate in all material respects for the operation of the TMA Business as currently conducted. Since January 1, 2013, Seller has, with respect to the TMA Business, taken commercially reasonable steps to provide for the back-up and recovery of material data and implemented commercially reasonable disaster recovery plans, procedures and facilities.