Common use of Security Data Protection Clause in Contracts

Security Data Protection. a. Kaltura represents and warrants that it currently has, and shall maintain in effect, for the term of this Agreement, written security management policies and procedures, which are updated from time to time, and which are designed to ensure the security and integrity of the Software and Hosted Services and to protect Licensee information from unauthorized access, destruction, and/or disclosure. b. If Kaltura processes any personal data concerning data subjects in the European Union (as such terms are defined under applicable Data Protection Legislation) on Licensee’s behalf when performing its obligations under this Agreement, the Parties record their intention that Licensee shall be the data controller and Kaltura shall be a data processor (each as defined under applicable Data Protection Legislation), and in any such case: i. Licensee’s obligations: A. Licensee acknowledges and agrees that personal data may be transferred or stored outside of the EEA in order to carry out the Hosted Services and Kaltura’s other obligations under this Agreement. B. Licensee shall ensure that it is entitled to transfer the relevant personal data to Kaltura under applicable Data Protection Legislation, so that Kaltura may lawfully use, process, and transfer the personal data in accordance with this Agreement on Licensee’s behalf. C. Licensee shall ensure that all relevant third parties have been informed of, and have given their affirmative express consent to, such use, processing, and transfer, to the extent required by applicable Data Protection Legislation. D. Licensee shall ensure that it has in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage. ii. Kaltura’s obligations:

Security Data Protection. a. Kaltura EBC represents and warrants that it currently has, and shall maintain in effect, for the term of this Agreement, written security management policies and procedures, which are updated from time to time, and which are designed to ensure the security and integrity of the Software and Hosted Services and to protect Licensee information from unauthorized unauthorised access, destruction, and/or disclosure. b. If Kaltura EBC processes any personal data concerning data subjects in the European Union (as such terms are defined under applicable Data Protection Legislation) on Licensee’s behalf when performing its obligations under this Agreement, the Parties record their intention that Licensee shall be the data controller and Kaltura EBC shall be a data processor (each as defined under applicable Data Protection Legislation), and in any such case: i. Licensee’s obligations: A. Licensee acknowledges and agrees that personal data may be transferred or stored outside of the EEA within any EBC data centers in order to carry out the Hosted Services and KalturaEBC’s other obligations under this Agreement. B. Licensee shall ensure that it is entitled to transfer the relevant personal data to Kaltura EBC under applicable Data Protection Legislation, so that Kaltura EBC may lawfully use, process, and transfer the personal data in accordance with this Agreement on Licensee’s behalf. C. Licensee shall ensure that all relevant third parties have been informed of, and have given their affirmative express consent to, such use, processing, and transfer, to the extent required by applicable Data Protection Legislation. D. Licensee shall ensure that it has in place appropriate technical and organizational organisational measures to protect against unauthorized unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. ii. KalturaEBC’s obligations: