Common use of Privacy Laws Clause in Contracts

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” as defined by GDPR; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 3 contracts

Samples: Twist Bioscience Corp, Twist Bioscience Corp, Twist Bioscience Corp

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Privacy Laws. The Company and each of its subsidiaries are, and at all prior times since January 1, 2017 were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. regulations (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customersindividuals from whom Personal Data are collected, employees, third party vendors and representativesto the extent that such notice is required by applicable Privacy Laws. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” as defined any information which is regulated by GDPRapplicable Privacy Laws; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement, any Terms Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 3 contracts

Samples: Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Cabaletta Bio, Inc.), Sales Agreement (Cabaletta Bio, Inc.)

Privacy Laws. The Company and each of its subsidiaries areis, and at all prior times werewas, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921, et seq.); and the Company and each its subsidiaries have has taken all necessary actions to be in material compliance comply, to the extent required, with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have has in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their its policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) Personal Data as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the The Company nor any of its subsidiaries, (i) has not received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) . The Company is not currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) Law and the Company is not a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Sales Agreement (Macrogenics Inc), Stock Sales Agreement (Macrogenics Inc)

Privacy Laws. The Company and each of its subsidiaries the Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries the Subsidiaries have taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries the Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesthe Subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Forte Biosciences, Inc., Meta Materials Inc.

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA"), as amended by the Company Health Information Technology for Economic and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation Clinical Health Act (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, "Privacy Laws"). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the "Policies"). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s 's then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s 's then-current privacy practices. "Personal Data” means " means: (i) a natural persons' name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” any information which would qualify as "personally identifying information" under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s 's health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cardiff Oncology, Inc.), Trillium Therapeutics Inc.

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. Section 17921 et seq.); and to the extent applicable to the Company and each its subsidiaries, the Company and its subsidiaries have taken all necessary actions to be in material compliance comply with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”), except to the extent that any such non-compliance with any Privacy Law would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representativesrepresentatives as required under applicable Privacy Laws. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter as required under applicable Privacy Laws and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None Except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, none of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies Policies. Except as would not, individually or in any material respect. The the aggregate, reasonably be expected to have a Material Adverse Effect, the execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or settlement agreement that imposed any material obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Underwriting Agreement (ClearPoint Neuro, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921 et seq.); and the Company and each its subsidiaries have taken all necessary actions to be comply in all material compliance respects and where applicable with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data with respect to the Privacy Laws (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate representatives where and sufficient notice of the Company’s then-current privacy practices relating as required to its subject matter comply with applicable Privacy Laws and such Policies do notices are and have not contain been misleading or deceptive in any material omissions of the Company’s then-current privacy practicesrespects. “Personal Data” means (i) a natural persons’ person’s name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) Protected Health Information as defined by HIPAA; and (iii) “personal data” as defined by GDPR; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to arising from any inquiry, investigation, enforcement action or other proceeding by a governmental agency, body or court under any Privacy Law; or (iii) is a party to any order, decree, or agreement by or with a governmental agency, body or court that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Underwriting Agreement (Revance Therapeutics, Inc.), Underwriting Agreement (Revance Therapeutics, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, in each case, to the extent applicable, the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Company Health Information Technology for Economic and each its subsidiaries have taken all necessary actions to be in material compliance with Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921 et seq.), and the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representativesthose data subjects whose Personal Data is subject to the Policies. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None To the Company’s Knowledge, none of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The To the Company’s Knowledge, the execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge Knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Underwriting Agreement (Praxis Precision Medicines, Inc.), Underwriting Agreement (Praxis Precision Medicines, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. regulations (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives, as appropriate. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the unfair or deceptive trade practice authority of the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by the Health Insurance Portability and Accountability Act (“HIPAA”); (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The To the Knowledge of the Company, the execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received written notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Underwriting Agreement (Protara Therapeutics, Inc.), Underwriting Agreement (Protara Therapeutics, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times weresince July 1, 2016 have been, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, as applicable, HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921 et seq.); and the Company and each its subsidiaries have taken all any required and necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) (and all other applicable laws and regulations with respect to Personal Data that have been announced as of the California Consumer Privacy Act of 2018date hereof as becoming effective within 12 months after the date hereof, Civil Code sections 1798.100 et seq. and for which any non-compliance with same would be reasonably likely to create a material liability) as soon they take effect (collectively, the “Privacy Laws”). To ensure material compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply and are in material compliance with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their commercially reasonable policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling handling, and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practicesas applicable. “Personal Data” means (i) a natural persons’ person’s name, street address, telephone number, email e-mail address, photograph, social security number or tax identification number, driver’s license number, passport number, credit card number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. The Company and its subsidiaries have at all times made all disclosures to users or customers required by applicable laws and regulatory rules or requirements, and has provided accurate notice of its Policies then in effect to its customers, employees, third party vendors and representatives as required by applicable law and regulatory rules or requirements, except where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of violation of any Privacy Laws or Policies. Neither the The Company further certifies that neither it nor any of its subsidiaries, subsidiary: (iA) has received written notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation remediation, or other corrective action pursuant to any Privacy Law; or (iiiC) is a party to any order, decree, or agreement that imposed imposes any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: BridgeBio Pharma, Inc., BridgeBio Pharma, Inc.

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, the Health Insurance Portability and Accountability Act (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921 et seq.); and the Company and each its subsidiaries have taken all necessary actions to be in material compliance comply with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors employees and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter matter, and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (iA) a natural persons’ person’s name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; , (iiB) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended, (C) Protected Health Information as defined by HIPAA, (D) “personal data” as defined by GDPR; GDPR and (iiiE) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any Terms Agreement or any other agreement referred to in this Agreement by the Company will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, subsidiaries (ix) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (iiy) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iiiz) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 2 contracts

Samples: Terms Agreement (Adaptimmune Therapeutics PLC), Shares Sales Agreement (Adaptimmune Therapeutics PLC)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance comply with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) ); and the Company will, by January 1, 2020, be in material compliance with the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” as defined by GDPR; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law. (uu) Forward-Looking Statements. No forward-looking statement (within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act) included or incorporated by reference in any of the Registration Statement or the Prospectus has been made or reaffirmed without a reasonable basis or has been disclosed other than in good faith.

Appears in 1 contract

Samples: Sales Agreement (Twist Bioscience Corp)

Privacy Laws. The Company and each of its subsidiaries areis, and at all prior times werewas, in material compliance with all applicable data privacy and security laws and regulationsLaws; and the Company and each its subsidiaries have has taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries have has in place, comply complies with, and take takes appropriate steps reasonably designed to ensure compliance in all material respects with their its policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement, the Registration Rights Agreement or any of the other agreement referred to in this Agreement Transaction Documents will not result in a breach of any Privacy Laws or Policies. Neither the The Company nor any of its subsidiaries, (i) has not received written notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge Knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is not currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is not a party to any order, decree, Order or agreement that imposed any obligation or liability under any Privacy Law.. ​

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Monogram Orthopaedics Inc)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times since January 1, 2015 were, in material compliance with all applicable data privacy and security laws and regulations, including, in each case, to the extent applicable, the HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (42 U.S.C. Section 17921 et seq.); and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) ), and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (CCPA) (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”) and any other confidential information in possession of the Company (collectively, with Personal Data, the “Sensitive Data”). The Policies have been designed and kept updated to maintain compliance with the Privacy Laws. The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representativesthose data subjects whose Personal Information whose Personal Data is subject to the Policies. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None To the Company’s knowledge, none of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The To the Company’s knowledge the execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received written notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (COMPASS Pathways PLC)

Privacy Laws. The Company Homology and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation Accountability Act (“GDPRHIPAA) ), as amended by the Health Information Technology for Economic and Clinical Health Act (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company Homology and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company Homology provides accurate notice notice, when applicable, of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the CompanyHomology’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the CompanyHomology’s then-current privacy practices. “Personal Data” means means: (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company Homology nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any orderOrder, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Homology Medicines, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, HIPAA, as amended by the HITECH Act; and the Company and each its subsidiaries Subsidiaries have taken all necessary actions to be in material compliance comply with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their its policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company and its Subsidiaries provides or makes available accurate notice notices of its their Policies to its their employees, third-party vendors, representatives and customers, employees, third party vendors and representativesif any. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, Subsidiaries (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Sales Agreement (Five Prime Therapeutics, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times werein the past three (3) years (or such shorter time as the Company has existed, if applicable) were in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectivelyregulations(collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customersindividuals from whom Personal Data are collected, employees, third party vendors and representativesto the extent that such notice is required by applicable Privacy Laws. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” as defined any information which is regulated by GDPRapplicable Privacy Laws; and (iii) (v) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesSubsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law. (mm) IT Systems. (i)(x)There has been no material security breach or attack or other compromise of any Personal Data, any of the Company’s and its Subsidiaries’ information technology and computer systems, networks, hardware and software used to store and/or process any Personal Data, data (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 (“IT Systems and Data”), and (y) the Company and its Subsidiaries have not been notified of, and have no knowledge of any event or condition that would reasonably be expected to result in any material security breach, attack or compromise to their IT Systems and Data, (ii) the Company and each of its Subsidiaries have taken appropriate steps reasonably designed to ensure material compliance with, all applicable Privacy Laws relating to the privacy and security of IT Systems and Data and to the protection of such IT Systems and Data from unauthorized use, access, misappropriation or modification except as would not, in the case of this clause (ii), individually or in the aggregate, result in a Material Adverse Change, and (iii) the Company and each of its Subsidiaries have implemented backup and disaster recovery technology consistent with industry standards and practice.

Appears in 1 contract

Samples: Sales Agreement (2seventy Bio, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. regulations (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its their subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means means: (i) a natural persons’ person’s name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as defined by GDPRamended; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a material breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, Subsidiaries: (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed imposes any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Sales Agreement (Romeo Power, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation Accountability Act (“GDPRHIPAA) ), as amended by the Health Information Technology for Economic and Clinical Health Act (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling handling, and analysis of Personal Data (the “Policies”). The Company provides accurate notice notice, when applicable, of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means means: (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Imago BioSciences, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulationsLaws; and the Company and each its subsidiaries Subsidiaries have taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries Subsidiaries have in place, comply complies with, and take takes appropriate steps reasonably designed to ensure compliance in all material respects with their its policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides and its Subsidiaries provide accurate notice of its Policies to its their respective customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s and its Subsidiaries’ then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s and its Subsidiaries’ then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement, the Registration Rights Agreement or any of the other agreement referred to in this Agreement Transaction Documents will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, Subsidiaries (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge Knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, Order or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Signing Day Sports, Inc.)

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Privacy Laws. The Company and each of its subsidiaries are, and at all prior times since January 1, 2010 were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. regulations (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Where required by applicable Privacy Laws, the Company provides accurate notice of its Policies to its customers, employees, third party vendors and representativesdata subjects from whom it collects Personal Data. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a material breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law. The Company acknowledges that Cowen and, for purposes of the opinions to be delivered pursuant to Section 7 hereof, counsel to the Company and counsel to Cowen, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Appears in 1 contract

Samples: Sales Agreement (Rocket Pharmaceuticals, Inc.)

Privacy Laws. The Company and each of its subsidiaries areis, and at all prior times werewas, in material compliance with all applicable data privacy and security laws and regulationsLaws; and the Company and each its subsidiaries have has taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries have has in place, comply complies with, and take takes appropriate steps reasonably designed to ensure compliance in all material respects with their its policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement, the Registration Rights Agreement or any of the other agreement referred to in this Agreement Transaction Documents will not result in a breach of any Privacy Laws or Policies. Neither the The Company nor any of its subsidiaries, (i) has not received written notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge Knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is not currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is not a party to any order, decree, Order or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Monogram Orthopaedics Inc)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times since January 1, 2017 were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. regulations (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customersindividuals from whom Personal Data are collected, employees, third party vendors and representativesto the extent that such notice is required by applicable Privacy Laws. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” as defined any information which is regulated by GDPRapplicable Privacy Laws; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement Agreement, or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Cabaletta Bio, Inc.)

Privacy Laws. The Except as disclosed in the SEC Documents, the Company and each of its subsidiaries the Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries the Subsidiaries have taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with Except as disclosed in the Privacy LawsSEC Documents, the Company and each of its subsidiaries the Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors employees and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesthe Subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Purchase Agreement (Altamira Therapeutics Ltd.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times since September 21, 2017 were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation Accountability Act (“GDPRHIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their with, policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither Except as would not, individually or the aggregate, have a Material Adverse Effect, neither the Company nor any of its subsidiaries, (i) has at any time since September 21, 2017 received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement by a governmental or regulatory authority that imposed imposes any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Finch Therapeutics Group, Inc.)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times in the past three (3) years were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with , including, without limitation, the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance In connection with their efforts to comply with the Privacy Laws, the Company and each of its subsidiaries Subsidiaries have in place, comply in material respects with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides materially accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide materially accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None To the Company’s knowledge, none of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesSubsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed imposes any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Sales Agreement (Brightcove Inc)

Privacy Laws. The Company and each of its subsidiaries Subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA"), as amended by the Company Health Information Technology for Economic and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation Clinical Health Act (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, "Privacy Laws"). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the "Policies"). The Company provides accurate notice notice, when applicable, of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s 's then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s 's then-current privacy practices. "Personal Data” means " means: (i) a natural persons' name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” any information which would qualify as "personally identifying information" under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s 's health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Trillium Therapeutics Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, Subsidiaries are in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries Subsidiaries have taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ nameperson’s name in combination with, street address, telephone number, email address, photograph, social security number, number or bank information, ; or customer or account number; (ii) “personal data” or “personal information” as defined by GDPR; and (iii) any other piece of information that allows the identification of such natural person, or his or her family, or describes an identified person’s health or sexual orientationapplicable Privacy Laws. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesSubsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Aspen Aerogels Inc)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, the Subsidiaries are in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries the Subsidiaries have taken all necessary actions to be comply in all material compliance respects with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the The Company and each of its subsidiaries the Subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) “personal data” as defined by GDPR; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement, the Registration Rights Agreement or any of the other agreement referred to in this Agreement Transaction Documents will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiariesthe Subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Mobix Labs, Inc)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA"), as amended by the Company Health Information Technology for Economic and each its subsidiaries have taken all necessary actions to be in material compliance with Clinical Health Act (the European Union General Data Protection Regulation (“GDPR”"HITECH Act") (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 42 U.S.C. Section 17921 et seq. .) (collectively, "Privacy Laws"). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the "Policies"). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s 's then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s 's then-current privacy practices. "Personal Data” means " means: (i) a natural persons' name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” any information which would qualify as "personally identifying information" under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s 's health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Trillium Therapeutics Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. including without limitation, as applicable, HIPAA, as amended by HITECH (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, contractual obligations, industry standards, and any other legal obligations, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their publicly posted policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling handling, and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices) as applicable. “Personal Data” means all personal, personally identifiable data, including (i) a natural persons’ person’s name, street address, telephone number, email e-mail address, photograph, social security number or tax identification number, driver’s license number, passport number, credit card number, bank information, or customer or account number; (ii) any information which would qualify as personal datapersonally identifying informationunder the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. The Company and its subsidiaries have made all disclosures to users or customers required by Privacy Laws and has provided accurate notice of its publicly posted Policies then in effect to its customers, employees, third party vendors and representatives as required by Privacy Laws, except where the failure to do so would not, individually or in the aggregate, result in a Material Adverse Change. None of such disclosures made or contained in any of the Policies have been materially inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respectPolicies. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of violation of any Privacy Laws or Policies. Neither the The Company further certifies that neither it nor any of its subsidiaries, subsidiary: (i) has received written notice of any actual or potential liability under or relating to, or actual or potential material violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such noticeviolation; (ii) is currently conducting the subject of any investigation or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant by a government entity relating to any violations of Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed imposes any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Sales Agreement (Lyell Immunopharma, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations, including, without limitation, HIPAA, as amended by the HITECH Act; and the Company and each its subsidiaries have taken all necessary actions to be in material compliance comply with the European Union General Data Protection Regulation (“GDPR”) (EU 2016/679) and the California Consumer Privacy Act of 2018, Civil Code sections 1798.100 et seq. (collectively, “Privacy Laws”). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the “Policies”). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s then-current privacy practices. “Personal Data” means (i) a natural persons’ name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) any information which would qualify as “personally identifying information” under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by HIPAA; (iv) “personal data” as defined by GDPR; and (iiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (i) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; (ii) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; or (iii) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Spero Therapeutics, Inc.)

Privacy Laws. The Company and each of its subsidiaries are, and at all prior times were, in material compliance with all applicable data privacy and security laws and regulations; , including, without limitation, the Health Insurance Portability and Accountability Act ("HIPAA"), as amended by the Company Health Information Technology for Economic and each its subsidiaries have taken all necessary actions to be in material compliance with Clinical Health Act (the European Union General Data Protection Regulation (“GDPR”"HITECH Act") (EU 2016/67942 U.S.C. Section 17921 et seq.) and the California Consumer Privacy Canada's Personal Information Protection and Electronic Documents Act of 2018, Civil Code sections 1798.100 et seq. (collectively, "Privacy Laws"). To ensure compliance with the Privacy Laws, the Company and each of its subsidiaries have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and security and the collection, storage, use, disclosure, handling and analysis of Personal Data (the "Policies"). The Company provides accurate notice of its Policies to its customers, employees, third party vendors and representatives. The Policies provide accurate and sufficient notice of the Company’s 's then-current privacy practices relating to its subject matter and such Policies do not contain any material omissions of the Company’s 's then-current privacy practices. "Personal Data” means " means: (i) a natural persons' name, street address, telephone number, email address, photograph, social security number, bank information, or customer or account number; (ii) “personal data” any information which would qualify as "personally identifying information" under the Federal Trade Commission Act, as amended; (iii) Protected Health Information as defined by GDPRHIPAA; and (iiiiv) any other piece of information that allows the identification of such natural person, or his or her family, or describes permits the collection or analysis of any data related to an identified person’s 's health or sexual orientation. None of such disclosures made or contained in any of the Policies have been inaccurate, misleading, deceptive or in violation of any Privacy Laws or Policies in any material respect. The execution, delivery and performance of this Agreement or any other agreement referred to in this Agreement will not result in a breach of any Privacy Laws or Policies. Neither the Company nor any of its subsidiaries, (iA) has received notice of any actual or potential liability under or relating to, or actual or potential violation of, any of the Privacy Laws, and has no knowledge of any event or condition that would reasonably be expected to result in any such notice; , (iiB) is currently conducting or paying for, in whole or in part, any investigation, remediation or other corrective action pursuant to any Privacy Law; , or (iiiC) is a party to any order, decree, or agreement that imposed any obligation or liability under any Privacy Law.

Appears in 1 contract

Samples: Underwriting Agreement (Trillium Therapeutics Inc.)

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