Security Incident Management & Breach Notification. Custodian will notify a Fund, as promptly as reasonably possible under the circumstances, upon learning of a Security Incident (as defined below) involving a Fund’s Confidential Information. Security Incidents are defined as (1) the actual unauthorized access to or use of a Fund’s Confidential Information, or (2) the unauthorized disclosure, loss, theft or manipulation of a Fund’s Confidential Information that has the potential to cause harm to a Fund’s systems, employees, customers, information or brand name. Notification shall take the form of a phone call to the designated Fund contact(s) and shall include at a minimum, (a) problem statement or description, (b) expected resolution time (if known), and (c) the name and phone number of the Custodian representative that the Fund may contact to obtain updates. Custodian agrees to keep the Fund informed of progress and actions taken to resolve the incident and cooperate with the Fund in any litigation or investigation arising from said incident. Unless such disclosure is mandated by law, the Fund in its sole discretion will determine whether to provide explicit notification to the Fund’s shareholders, customers or employees concerning incidents involving a Fund’s personally identifiable information relating to such persons.
Security Incident Management & Breach Notification. Custodian will notify a Trust, as promptly as reasonably possible under the circumstances, upon learning of a Security Incident (as defined below) involving a Trust’s Confidential Information. Security Incidents are defined as (1) the actual unauthorized access to or use of a Trust’s Confidential Information, or (2) the unauthorized disclosure, loss, theft or manipulation of a Trust’s Confidential Information that has the potential to cause harm to a Trust’s systems, employees, customers, information or brand name. Notification shall take the form of a phone call to the designated Fund contact(s) and shall include at a minimum, (a) problem statement or description, (b) expected resolution time (if known), and (c) the name and phone number of the Custodian representative that the Trust may contact to obtain updates. Custodian agrees to keep the Trust informed of progress and actions taken to resolve the incident and cooperate with the Trust in any litigation or investigation arising from said incident. Unless such disclosure is mandated by law, the Trust in its sole discretion will determine whether to provide explicit notification to the Trust’s shareholders, customers or employees concerning incidents involving a Trust’s personally identifiable information relating to such persons.
Security Incident Management & Breach Notification. The Custodian will notify the Client, as promptly as reasonably possible under the circumstances, upon learning of a Security Incident (as defined below) involving a Portfolio’s Confidential Information or Personal Information. Security Incidents are defined as (1) the actual unauthorized access to or use of a Portfolio’s Confidential Information, or Personal Information; (2) the unauthorized disclosure, loss, theft or manipulation of a Portfolio’s Confidential Information or Personal Information that has the potential to cause harm to a Portfolio’s systems, employees, customers, information or brand name; or (3) the confidentiality of Disclosing Party Personal Data (as defined in the Confidentiality and 1 Transport Layer Security (or TLS) is a cryptographic protocol that provides secure (encrypted) communication for e-mail exchanged over the Internet between two organizations. Data Privacy Conditions Annex) within the Receiving Party’s possession, custody or control has been materially compromised in violation of such Conditions or the Agreement so as to pose a reasonable likelihood of harm to the Data Subjects (as defined in the Confidentiality and Data Privacy Conditions Annex) involved. Notification shall take the form of a phone call to the designated Client contact(s) and shall include at a minimum, (a) problem statement or description, (b) expected resolution time (if known), and (c) the name and phone number of the Custodian representative that the Client may contact to obtain updates. The Custodian agrees to keep the Client informed of progress and actions taken to resolve the incident and cooperate with the Client in any litigation or investigation arising from said incident. Unless such disclosure is mandated by law, the Client in its sole discretion will determine whether to provide explicit notification to a Portfolio’s shareholders, customers or employees concerning incidents involving a Portfolio’s personally identifiable information relating to such persons. In the event of a Security Incident the Custodian acknowledges that Client may suffer irreparable harm and that monetary damages may not be an adequate remedy. Therefore, the Custodian consents to Client obtaining an injunction or other equitable relief enforcing the obligations under the Agreement with respect to a Security Incident.
