Common use of Protected Data Clause in Contracts

Protected Data. For purposes of this Section, “Protected Data” means any information or data that is provided by Customer to Quest during this Agreement that alone or together with any other information relates to an identified or identifiable natural person or data considered to be personal data as defined under Privacy Laws, and “Privacy Laws” means any applicable law, statute, directive or regulation regarding privacy, data protection, information security obligations and/or the processing of Protected Data. Except as permitted herein or to the extent required by Privacy Laws or legal process, Quest shall not disclose Protected Data to any third party for any reason. Quest shall implement appropriate technical and organizational measures to prevent unauthorized disclosure of or access to Protected Data by third parties, and shall only store and process Protected Data as required to fulfill its obligations under this Agreement and any applicable Orders. Quest shall make reasonable efforts to comply with Customer’s written instructions with respect to the Protected Data; however, Quest shall have no liability to Customer for any breach of this Section resulting from Quest’s acts or omissions in accordance with any such instructions. Quest shall promptly notify Customer of any disclosure of or access to the Protected Data by a third party in breach of this Section and shall cooperate with Customer to reasonably remediate the effects of such disclosure or access. Quest further affirms to Customer that it has adequate agreements in place incorporating the EU standard contractual clauses for the transfer of Protected Data from the European Union (“EU”) to a country outside the EU. Customer hereby (i) represents that it has the right to send the Protected Data to Quest, (ii) consents for Quest to store and use the Protected Data worldwide for the sole purpose of performing its obligations under this Agreement and any applicable Orders, (iii) agrees that the Protected Data may be accessed and used by Quest and its Representatives worldwide as may be needed to support Quest’s standard business operations, and

Protected Data. For purposes of this Section, “Protected Data” means any information or data that is provided by Customer to Quest Dell during this Agreement that alone or together with any other information relates to an identified or identifiable natural person or data considered to be personal data as defined under applicable Privacy Laws, and “Privacy Laws” means any applicable law, statute, directive or regulation regarding privacy, data protection, information security obligations and/or the processing of Protected Data. Except as permitted herein or to the extent required by Privacy Laws or legal process, Quest Dell shall not disclose Protected Data to any third party for any reason. Quest Dell shall implement appropriate technical and organizational measures to prevent unauthorized disclosure of or access to Protected Data by third parties, and shall only store and process Protected Data as required to fulfill its obligations under this Agreement and any applicable Orders. Quest Dell shall make reasonable efforts to comply with Customer’s written instructions with respect to the Protected Data; however, Quest Dell shall have no liability to Customer for any breach of this Section resulting from QuestDell’s acts or omissions in accordance with any such instructions. Quest Dell shall promptly notify Customer of any disclosure of or access to the Protected Data by a third party in breach of this Section and shall cooperate with Customer to reasonably remediate the effects of such disclosure or access. Quest Dell further affirms to Customer that it has adequate agreements in place incorporating Dell Software Inc. currently abides by the EU standard contractual clauses for safe harbor framework as set forth by the transfer U.S. Department of Protected Data Commerce regarding the collection, use and retention of data from the European Union (“EU”) to a country outside the EUUnion. Customer hereby (i) represents that it has the right to send the Protected Data to QuestDell, (ii) consents for Quest Dell to store and use the Protected Data worldwide for the sole purpose of performing its obligations under this Agreement and any applicable Orders, (iii) agrees that the Protected Data may be accessed and used by Quest Dell and its Representatives worldwide as may be needed to support QuestDell’s standard business operations, andand (iv) agrees that Protected Data consisting of Customer contact information (e.g., email addresses, names) provided as part of Maintenance Services may be sent to Dell’s third party service providers as part of Dell’s services improvement processes.

Protected Data. For purposes of this Section, “Protected Data” means any information or data that is provided by Customer to Quest Dell during this Agreement these End Customer Terms that alone or together with any other information relates to an identified or identifiable natural person or data considered to be personal data as defined under applicable Privacy Laws, and “Privacy Laws” means any applicable law, statute, directive or regulation regarding privacy, data protection, information security obligations and/or the processing of Protected Data. Except as permitted herein or to the extent required by Privacy Laws or legal process, Quest Dell shall not disclose Protected Data to any third party for any reason. Quest Dell shall implement appropriate technical and organizational measures to prevent unauthorized disclosure of or access to Protected Data by third parties, and shall only store and process Protected Data as required to fulfill its obligations under this Agreement these End Customer Terms and any applicable Orders. Quest Dell shall make reasonable efforts to comply with Customer’s written instructions with respect to the Protected Data; however, Quest Dell shall have no liability to Customer for any breach of this Section resulting from QuestDell’s acts or omissions in accordance with any such instructions. Quest Dell shall promptly notify Customer of any disclosure of or access to the Protected Data by a third party in breach of this Section and shall cooperate with Customer to reasonably remediate the effects of such disclosure or access. Quest Dell further affirms to Customer that it has adequate agreements in place incorporating Dell Software Inc. currently abides by the EU standard contractual clauses for safe harbor framework as set forth by the transfer U.S. Department of Protected Data Commerce regarding the collection, use and retention of data from the European Union (“EU”) to a country outside the EUUnion. Customer hereby (i) represents that it has the right to send the Protected Data to QuestDell, (ii) consents for Quest Dell to store and use the Protected Data worldwide for the sole purpose of performing its obligations under this Agreement these End Customer Terms and any applicable Orders, (iii) agrees that the Protected Data may be accessed and used by Quest Dell and its Representatives worldwide as may be needed to support QuestDell’s standard business operations, andand (iv) agrees that Protected Data consisting of Customer contact information (e.g., email addresses, names) provided as part of Maintenance Services may be sent to Dell’s third party service providers as part of Dell’s services improvement processes.