Common use of Subscriber Data Clause in Contracts

Subscriber Data. ▇▇▇▇▇▇▇ acknowledges, and Subscriber warrants and represents, that Subscriber owns all right, title and interest in Subscriber Data. Subscriber shall indemnify and hold ▇▇▇▇▇▇▇ harmless against all claims against ▇▇▇▇▇▇▇ alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party, or in any way violates any privacy or data protection laws. ▇▇▇▇▇▇▇ shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. ▇▇▇▇▇▇▇ shall maintain the confidentiality of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. ▇▇▇▇▇▇▇ may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). ▇▇▇▇▇▇▇ may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that ▇▇▇▇▇▇▇ may from time-to-time collect Usage Data and that all Usage Data shall be owned by ▇▇▇▇▇▇▇ and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by ▇▇▇▇▇▇▇ of accurate Usage Data.

Subscriber Data. While using the Software Services, Subscriber and Users may have the opportunity to input data, information and materials ("Subscriber Data"). Subscriber agrees that Subscriber Data shall not contain social security numbers, financial account information, public health information, driver's license numbers, birthdates, payment card data or similarly sensitive information (collectively, "Sensitive Data"), and that any controls or inputs required by Subscriber will not solicit Sensitive Data. Further, by using the Software Services, Subscriber confirms that it will not input, and will not solicit Users to input, Sensitive Data or otherwise use the Software Services in a manner that could give rise to obligations under the Health Insurance Portability Act of 1996, the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ acknowledgesAct or other applicable laws relating to Sensitive Data or personal information. All Subscriber Data is, or shall be, and shall remain the property of Subscriber. Without Subscriber’s prior written approval (but subject to Sections 4(b) and 4(c) below, and the remainder of this Section 4(a)), Subscriber warrants Data shall not be: (i) used by Higher Logic other than for the sole purpose of and representsto the extent necessary to provide the Software Services to Subscriber; (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Higher Logic or its agents or subcontractors except as necessary to provide the Software Services to Subscriber; or (iii) commercially exploited by or on behalf of Higher Logic or its agents or subcontractors. Additionally, the parties understand and agree that Higher Logic shall have the right to access and use Subscriber owns all right, title Data for the limited purpose of managing Higher Logic's data network and interest in Subscriber Dataorder to support and update the Software Services. Subscriber shall indemnify accepts any and hold ▇▇▇▇▇▇▇ harmless against all liability for claims against ▇▇▇▇▇▇▇ alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights arising out of any third party, or in any way violates any privacy or data protection laws. ▇▇▇▇▇▇▇ shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Sensitive Data. ▇▇▇▇▇▇▇ shall maintain the confidentiality Unless otherwise indicated on an Order Form, Higher Logic’s access to Sensitive Data will be similarly limited during its performance of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (▇▇▇▇▇://▇▇▇Professional Services.▇▇▇▇▇▇▇.▇▇▇/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. ▇▇▇▇▇▇▇ may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). ▇▇▇▇▇▇▇ may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that ▇▇▇▇▇▇▇ may from time-to-time collect Usage Data and that all Usage Data shall be owned by ▇▇▇▇▇▇▇ and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by ▇▇▇▇▇▇▇ of accurate Usage Data.

Subscriber Data. ▇▇▇▇▇▇▇ acknowledgesAll data inputted by Subscriber or its guests into the Services, in addition to data generated by the Services is proprietary to Subscriber for use by Subscriber or its guests per Subscriber’s internal policies (“Subscriber Data”); provided however that Subscriber hereby grants to STAYmyway, a fully paid up, irrevocable, perpetual, worldwide license to copy and use the Subscriber Data, excluding the personally identifiable information, in order to: i) fulfill STAYmyway's obligations under the Agreement; ii) to compile and aggregate with information from other sources, in order to analyze, evaluate, create derivative works of, and Subscriber warrants otherwise develop market intelligence and represents, that Subscriber owns all right, title and interest in statistical information from Subscriber Data. Subscriber shall indemnify ; and hold ▇▇▇▇▇▇▇ harmless against all claims against ▇▇▇▇▇▇▇ alleging iii) to disclose, distribute, and sublicense any statistical information but only in an aggregate form that does not disclose the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights identity of any third party, or in any way violates any privacy or data protection laws. ▇▇▇▇▇▇▇ shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. ▇▇▇▇▇▇▇ shall maintain Both parties agree to comply with all laws and regulations, in addition to their own privacy policies, with respect to use and distribution of the confidentiality of all Subscriber Data and that use of the Subscriber Data as set forth herein shall not reproduce infringe on any intellectual property rights or copy such data except confidentiality obligations as required to as permitted under this Section 6 otherwise set forth hereunder. STAYmyway’s privacy policies are set forth in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ which may modify be modified from time to time, at STAYmyway’s sole discretion. In addition to the foregoing, the parties agree that the Services shall be hosted and Subscriber Data stored using Amazon Web Services or other hosting service platform as determined by STAYmyway, at its sole discretion. Subscriber hereby accepts the terms and availability of Amazon Web Services as a commercially reasonable standard and agrees to create data comply with all of its applicable terms and data sets conditions. In connection with the Subscriber Data, STAYmyway agrees to maintain the Subscriber Data for up to eighteen (18) months, with the understanding and agreement that are not identifiable STAYmyway reserves the right to modify its general practices and procedures regarding storage of Subscriber Data with notice to Subscriber. Additional storage is available to Subscriber for an additional charge. In the event of loss or corruption of Subscriber Data, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). ▇▇▇▇▇▇▇ may use the De-Identified Data for any lawful purposes, including but not STAYmyway's liability is limited to marketing, promoting, benchmarking, improving using best efforts to restore Subscriber Data within the STAYmyway application to the status of STAYmyway's most recent uncorrupted back-up of the STAYmyway application database. and further developing its Cloud Offerings, in accordance with applicable privacy laws and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that ▇▇▇▇▇▇▇ may from time-to-time collect Usage Data and that all Usage Data shall be owned by ▇▇▇▇▇▇▇ and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by ▇▇▇▇▇▇▇ of accurate Usage Dataregulations.

Subscriber Data. ▇▇▇▇▇▇▇ acknowledgesIn the course of using the Software, Subscriber and Users may have the opportunity to input information and material provided by Subscriber warrants and represents, Users (“Subscriber Data”) with the Software. Subscriber agrees that Subscriber owns all right, title and interest in Subscriber Data. Subscriber shall indemnify and hold ▇▇▇▇▇▇▇ harmless against all claims against ▇▇▇▇▇▇▇ alleging that the Subscriber Data collected or stored for use with the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party, or in any way violates any privacy or data protection laws. ▇▇▇▇▇▇▇ shall not be responsible for any failure contain social security numbers, financial account information, public health information, driver’s license numbers, birthdates, payment card data or impairment of the Bentley Cloud Offerings caused by or related to the Subscriber Data. ▇▇▇▇▇▇▇ shall maintain the confidentiality of all Subscriber Data and shall not reproduce or copy such data except as required to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data and the processing of the same is regulated by Data Protection Laws and Regulationssimilarly sensitive information (collectively, the parties agree to adhere to the Data Processing Addendum (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. ▇▇▇▇▇▇▇ may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Sensitive Data”). ▇▇▇▇▇▇▇ may use Subscriber accepts any and all liability for claims arising out of or related to Sensitive Data. The parties understand and agree that Subscriber shall have sole responsibility for: (a) the De-Identified Data for any lawful purposesaccuracy, including but not limited to marketingquality, promotingintegrity, benchmarkinglegality, improving and further developing its Cloud Offeringsreliability, appropriateness, and intellectual property ownership or right to use all Subscriber Data; (b) Subscriber’s and each User’s deletion of, destruction of or failure to store any Subscriber Data; (c) ensuring Users do not provide Subscriber Data that contains any Sensitive Data; and (d) enforcing the development terms and improvement conditions that govern each User’s use of associated artificial intelligence the Software, as applicable. In addition, Subscriber hereby represents, warrants and machine learning algorithmscovenants that all Subscriber Data was and will be created, collected, used, disclosed, maintained, stored and transmitted by Subscriber in compliance with all Applicable Laws. Subscriber agrees shall not, and acknowledges shall cause each User to not, provide export controlled material, provide export controlled services, or engage with prohibited third parties pursuant to this Agreement. If requested by Subscriber during the Term (as defined below) of this Agreement and to the extent available, Higher Logic will make available to Subscriber, subject to payment of a reasonable charge, a file of Subscriber Data in an industry-standard format designated by Subscriber within thirty (30) days. After Subscriber receives such file of Subscriber Data, Higher Logic may delete such Subscriber Data. Notwithstanding anything to the contrary in this Agreement, the parties understand and agree that ▇▇▇▇▇▇▇ may from time-to-time collect Usage Data Higher Logic shall have the right to access and that use any and all Usage Data shall be owned by ▇▇▇▇▇▇▇ Subscriber Data, to which Higher Logic is provided access, in order to manage Higher Logic’s data network and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with support and update the collection by ▇▇▇▇▇▇▇ of accurate Usage DataSoftware.

Subscriber Data. ▇▇▇▇▇▇▇ acknowledges8.1 You acknowledge that we are not responsible for, and have no liability in respect of, the Subscriber warrants Data, loss or corruption of the Subscriber Data, or how you or any of your Authorised Users use the Subscriber Data or the OLT Service. You are solely responsible for the Subscriber Data and representswe reserve the right to remove from our servers any content that may expose us to potential liability. 8.2 You grant a non-exclusive licence to us in respect of all Subscriber Data to the extent necessary to provide the OLT Service and exercise our rights under this Agreement. 8.3 You grant to us a non-exclusive royalty free world-wide and irrevocable license permitting us to copy, that anonymize, aggregate, process and display Subscriber owns Data to derive anonymous statistical and usage data, and data about the functionality of the OLT Service, provided such data cannot be used to identify you or your Authorised Users (Anonymous Data), for the purposes of combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, users, or otherwise (when so combined or incorporated, referred to as Aggregate Data), so as to permit us to provide services including the copying, publication, distribution, display licensing or sale of Aggregate Data and related or similar other statistics or data to third parties (and to you should you elect to subscribe for same) pursuant to a separate licensing or services arrangement or agreement. We will be the owners of all right, title and interest in and to the Aggregate Data. 8.4 You warrant and represent that: (a) you have the right to grant the licence in clause 8.3 in respect of all Subscriber Data, and inputting the Subscriber Data in the manner anticipated by the Agreement and the OLT Service; and (b) use of the Subscriber Data by us, you or any Authorised User in connection with the OLT Service will not breach any laws or the intellectual property rights of any person. 8.5 You are solely responsible for maintaining a copy of all Subscriber Data. We have in place for our own purposes policies and procedures to prevent data loss (and recovery) but does not make any guarantee around loss of any Subscriber shall indemnify and hold ▇▇▇▇▇▇▇ harmless against all claims against ▇▇▇▇▇▇▇ alleging Data and, as such, we expressly exclude any liability for any loss or corruption of any Subscriber Data. 8.6 You acknowledge that the Subscriber Data collected or stored for use with OLT Service depends on the Bentley Cloud Offerings infringes any patent, trademark, trade secret, copyright, or other proprietary rights entry by you and your Authorised Users of any third party, or in any way violates any privacy or data protection laws. ▇▇▇▇▇▇▇ shall not be responsible for any failure or impairment of the Bentley Cloud Offerings caused by or related accurate and up to the date Subscriber Data. ▇▇▇▇▇▇▇ shall maintain the confidentiality of You undertake to ensure that all Subscriber Data inputted into the OLT Service is accurate and shall not reproduce or copy such data except as required up to as permitted under this Section 6 in connection with providing Cloud Offerings or as may be expressly authorized by Subscriber. If Subscriber Data includes Personal Data date and the processing of the same is regulated by Data Protection Laws and Regulations, the parties agree to adhere to the Data Processing Addendum (▇▇▇▇▇://▇▇▇without material omission.▇▇▇▇▇▇▇.▇▇▇/legal/data-processing-addendum/). In the event of a conflict between the terms of the Data Processing Addendum, these Cloud Offering Terms, and the Bentley General Terms and Conditions, the terms of the Data Processing Addendum controls solely with respect to the privacy and information security obligations contained therein. Subscriber shall be solely responsible for the Subscriber Data, including without limitation for uploading such data, securing transmission of such data to Bentley, and/or appropriately formatting and configuring such data for use with the Bentley Cloud Offerings. ▇▇▇▇▇▇▇ may modify Subscriber Data to create data and data sets that are not identifiable to Subscriber, Subscriber’s Users or Subscriber’s customers (“De-Identified Data”). ▇▇▇▇▇▇▇ may use the De-Identified Data for any lawful purposes, including but not limited to marketing, promoting, benchmarking, improving and further developing its Cloud Offerings, and the development and improvement of associated artificial intelligence and machine learning algorithms. Subscriber agrees and acknowledges that ▇▇▇▇▇▇▇ may from time-to-time collect Usage Data and that all Usage Data shall be owned by ▇▇▇▇▇▇▇ and deemed Bentley Proprietary Information. Subscriber agrees not to alter or interfere with the collection by ▇▇▇▇▇▇▇ of accurate Usage Data.