Privacy and Data Security Matters. (a) Except as does not relate to the Outlet Business, Sellers have not been required under Applicable Law to issue, and have not issued, any notifications under any Applicable Law relating to the actual or suspected unauthorized access or acquisition of personally identifiable information.
Privacy and Data Security Matters. Except as would not, individually or in the aggregate, have a Company Material Adverse Effect, each of the Company and each of its Subsidiaries is in compliance in all material respects with the privacy policies and notices publicly maintained by the Company or such Subsidiary, and none of the Company or any of its Subsidiaries has, with respect to its data or systems, suffered any unauthorized access or disclosure, or been in violation of any applicable privacy or data security law, including the Electronic Communications Privacy Act of 1986 (18 U.S.C. §§2510-22) and those laws requiring notification to any Person or Governmental Authority, in connection with the confidential or personal information of any Person.
Privacy and Data Security Matters. Except as set forth in Schedule 3.25, the Company and the Seller Entities have adopted privacy and data security policies and measures consistent with Applicable Law in all material respects and are and, to the Knowledge of the Sellers since the Reference Date have been, in compliance with such policies and measures in all material respects. Except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, none of the Company or any of the Seller Entities has, with respect to its data or systems (or to the knowledge of the Sellers, the data or systems of any vendor or agent), suffered any unauthorized access or disclosure, or violation of any applicable privacy or data security Applicable Law, including but not limited to those requiring notification to any person or Governmental Authority, in connection with the confidential or personal information of any person.
Privacy and Data Security Matters. 5.5.1 The Company will (i) assess the Gaming Subsidiaries’ compliance with applicable Privacy Legal Requirements that are binding on the Gaming Subsidiaries with respect to products owned or developed by the Gaming Subsidiaries, with such assessment to be commenced and completed as soon as reasonably practicable following the date of this Agreement; and (ii) as promptly as reasonably practicable thereafter, to the extent not already in place as of the date of this Agreement, make commercially reasonable efforts to put in place a privacy and data protection compliance program appropriately designed to, at a minimum, (A) ensure the Gaming Subsidiaries’ compliance with all such applicable Privacy Legal Requirements; and (B) evaluate and comply with applicable Privacy Legal Requirements that are binding on the Gaming Subsidiaries with respect to all products owned or developed by the Gaming Subsidiaries and later acquired Subsidiaries that own or develop software games and mobile app games after the date of this Agreement, and as they may be enacted or modified over time, including the California Consumer Privacy Act.
Privacy and Data Security Matters. Except as would not have, individually or in the aggregate, a Company Material Adverse Effect, to the knowledge of the Company, neither the Company nor any of its Subsidiaries has as of the date hereof, with respect to its data or systems, suffered any unauthorized access or disclosure, or violation of any applicable privacy or data security Law that would require notification to any person or Governmental Entity, in connection with the confidential or personal information of any Person.
Privacy and Data Security Matters. Seller and Business Subsidiary have in place, and use commercially reasonable efforts to enforce, appropriate written internal information security policies, that are published to Business Employees and which include guidelines for the use, processing, confidentiality and security of Seller, customer, employee and other confidential data of the Business consistent with Applicable Law and contractual commitments of Seller and Business Subsidiary. The practices of Seller and Business Subsidiary with regard to the collection, dissemination and use of data in connection with the Business are and have been in accordance in all material respects with published, Business-related privacy policies.
Privacy and Data Security Matters. (a) Each of the Company and each of its Key Subsidiaries that has collected, used, stored, disclosed, processed or otherwise had access to Personal Information or Behavioral Information (collectively, “Private Information”) is in material compliance with (i) all applicable Laws in all relevant domestic and foreign jurisdictions relating to the collection, use, storage, retention, protection, disclosure, transfer, disposal or other processing of all Private Information (including, without limitation, all Laws relating to privacy, data security, data breach notification obligations and the transmission of marketing or commercial messages through any means, including, without limitation, via email or text message); (ii) the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), all regulations promulgated pursuant thereto and all comparable Laws applicable to the Company or such Subsidiary or its business, including, without limitation, all state laws concerning the privacy and security of educational records and student information; (iii) internal and public-facing privacy or security policies of the Company or such Subsidiary; (iv) public statements that the Company or such Subsidiary has made regarding its respective privacy or data security policies or practices; (v) rules of applicable self-regulatory groups, associations and organizations of which the Company or such Subsidiary is a member; (vi) the Payment Card Industry Data Security Standard, and all other rules and requirements of payment card brands; and (vii) all contractual obligations to which the Company or such Subsidiary is bound relating to the collection, use, storage, retention, protection, disclosure, transfer, disposal or other processing of any Private Information (collectively, “Privacy Laws and Requirements”). The Company and each of its Key Subsidiaries maintain privacy policies that describe their respective policies with respect to the collection, use, storage, retention, protection, disclosure, transfer, disposal or other processing of Private Information. Each such privacy policy and all materials distributed or marketed by the Company and each of its Key Subsidiaries includes all information and makes all disclosures to users or customers required by all Privacy Laws and Requirements, and none of such disclosures made or contained in any such privacy policy or in any such materials is inaccurate, misleading or deceptive or in violation of any Priva...
Privacy and Data Security Matters. (a) The WH Entities have taken reasonable measures to protect and maintain the privacy and security of Personal Data Processed by or on behalf of the WH Entities, including physical, administrative and technical safeguards. Without limiting the foregoing, the WH Entities have (A) acquired any consents required by applicable Information Privacy Laws from data subjects for the Processing of Personal Data by the WH Entities and its Personal Data Processors, and (B) all rights and licenses to Process Personal Data in the manner Processed by the WH Entities or any Personal Data Processor on behalf of the WH Entities.
Privacy and Data Security Matters. (a) The Company and Seller (with respect to the Business) are, and have been since January 1, 2018, in material compliance with HIPAA and all applicable Privacy Obligations.
Privacy and Data Security Matters. (a) The Company and the Subsidiaries have complied for the last three (3) years in all material respects with the Company’s publicly-available privacy policies and applicable Privacy Laws. The Company and its Subsidiaries have reasonable physical, technical, organizational and administrative security measures and policies, which are designed, consistent with current industry standards in which the Company operates, to comply with the requirements of the “Safeguards Rule” of the GLBA, including a publicly posted privacy policy and a written information security program (collectively “Data Policies”), in place to protect all Personal Information collected by it or on its behalf from and against unauthorized access, modification, use and/or disclosure that are designed, consistent with current industry standards in which the Company operates, to comply with Privacy Laws and applicable Contracts. The Data Policies include a requirement that all Personal Information be encrypted using commercially reasonable encryption methods both while in transit and at rest. The Company and its Subsidiaries have complied with its applicable Data Policies and applicable contractual obligations governing the privacy and security of Personal Information. The execution of the transactions contemplated in connection with this Agreement will not prevent the Company and its Subsidiaries’ from continuing to access, store, process, transfer and use after the Closing any and all Personal Information collected prior to the Closing in the manner that it was accessed, stored, processed, transferred, and used immediately prior to the Closing. The Company and its Subsidiaries do not, have not, and have not authorized any third party to transfer, store, transmit or process any Personal Information outside of the United States. For the last three (3) years, the Company’s and the Subsidiaries’ payment card processing has materially complied with, and has commercially reasonable policies to ensure continued compliance with, applicable requirements of the Payment Card Industry Data Security Standard.
