Privacy and Data Security. During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee. In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA. CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
Appears in 4 contracts
Samples: Master License Agreement, Master License Agreement, Master License Agreement
Privacy and Data Security. During the course of the Agreement, CampMinder may receive or have access to Personal Data of Licensee. CampMinder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee. In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinder, and will promptly advise CampMinder if Licensee becomes or provides any information subject to HIPAA. CampMinder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law. J. THIRD PARTY SERVICES Licensee or its Authorized Users may use the Software Products to obtain one of more Third Party Services from the provider that CampMinder retains from time to time to provide that Third Party Service (a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants CampMinder permission to allow the Third Party Provider to access Licensee’s Data as required for the interoperation of that Third Party Service with the Software Products. CampMinder does not guarantee or warrant the continued availability of any Software Products features designed to interoperate with Third Party Services. CampMinder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, if for example and without limitation, the Third Party Provider ceases to make the Third Party Service available for interoperation with the Software Products in a manner acceptable to CampMinder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE INTEROPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by CampMinder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES. Without limiting the preceding sentence, CampMinder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider. Licensee shall comply with the terms of service of any Third Party Service with which Licensee uses the Software Products, and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. If Licensee elects to use any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or CampMinder to share Personal Data, which would specifically include biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
Appears in 2 contracts
Privacy and Data Security. During the course term of the this Agreement, CampMinder Campminder may receive or have access to Personal Data of Licensee. CampMinder Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee. In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinderCampminder, and will promptly advise CampMinder Campminder if Licensee becomes or provides any information subject to HIPAA. CampMinder Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law. J. THIRD PARTY SERVICES Licensee or its Authorized Users may use the Software Products to obtain one or more Third Party Services from providers that Campminder retains from time to time to provide that Third Party Service (each a “Third Party Provider”). If Licensee chooses to use a Third Party Service, Licensee grants Campminder permission to allow the Third Party Provider to access Licensee’s Data as required for the operation of that Third Party Service with the Software Products. Campminder does not guarantee or warrant the continued availability of any Software Products features designed to operate with Third Party Services. Campminder may cease providing such features without entitling Licensee to any refund, credit, or other compensation, including, without limitation, if the Third Party Provider ceases to make the Third Party Service available for operation with the Software Products in a manner acceptable to Campminder. FURTHER, THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS ARE PROVIDED “AS-IS,” “WHERE IS” AND AS AVAILABLE. TO THE EXTENT PERMITTED BY LAW, CAMPMINDER, AS IT RELATES TO THE THIRD PARTY SERVICES, FEATURES TO SUPPORT SUCH THIRD PARTY SERVICES AND THE OPERATION WITH SOFTWARE PRODUCTS, EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Any acquisition by Licensee of Third Party Services, and any exchange of data between Licensee and any Third Party Provider, is solely between Licensee and the Third Party Provider. If Licensee or any Authorized User obtains Third Party Services, whether or not introduced or recommended by Campminder, LICENSEE, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGREES TO LOOK ONLY TO SUCH THIRD PARTY PROVIDER FOR ANY CLAIM RELATING TO SUCH THIRD PARTY SERVICES OR THE OPERATION OF SUCH THIRD PARTY SERVICES WITH THE SOFTWARE PRODUCTS. Without limiting the preceding sentence, Campminder is not responsible for any disclosure, modification or deletion of Licensee’s Data resulting from access by such Third Party Service or its provider or any associated liabilities, claims or damages. Licensee shall comply with the terms of service of any Third Party Service and CAMPMINDER SHALL BE ENTITLED TO RELY AS A THIRD PARTY BENEFICIARY ON ANY LIMITATIONS ON LIABILITY CONTRACTUALLY IMPOSED BY A THIRD PARTY PROVIDER RELATING TO LICENSEE OR ITS AFFILIATES. If Licensee uses any of the Software Products or the Third Party Services, Licensee hereby acknowledges and agrees that Licensee shall be solely responsible for obtaining all necessary consents from its users for any Third Party Provider or Campminder to share Personal Data, which would specifically include, but not be limited to, biometric information related to facial recognition and related technologies. Further, Licensee acknowledges and agrees that it will only use such biometric information related to facial recognition and related technologies in accordance with all applicable laws and regulations, including Data Protection Laws.
Appears in 1 contract
Samples: Master License Agreement
Privacy and Data Security. During the course term of the this Agreement, CampMinder Campminder may receive or have access to Personal Data of Licensee. CampMinder Campminder agrees and covenants that it will use and disclose Personal Data solely and exclusively for the purposes for which the Personal Data, or access to it, is provided pursuant to the terms and conditions of this Agreement. Further, each Party shall comply with all Data Protection Laws applicable to the parties’ respective collection, use, disclosure and other processing of Personal Data hereunder. Without limiting the generality of the foregoing, Licensee represents and warrants that it has, and will obtain, all right, title, and interest in and to any Licensee Data provided hereunder which may be necessary for CampMinder Campminder to process such Personal Data for the purposes set forth herein, including in connection with the analysis and monitoring of Licensee’s and its Authorized Users’ use of the Software Products, and in connection with the legitimate non-commercial business and information security operations of Licensee. In the event the Parties must enter into any agreement or additional provisions to maintain compliance with all any applicable Data Protection Laws, the Parties shall negotiate in good faith to agree to such additional terms, including any processing terms required under the GDPR. Licensee represents that it is not subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), will not provide any information that is subject to HIPAA to CampMinderCampminder, and will promptly advise CampMinder Campminder if Licensee becomes or provides any information subject to HIPAA. CampMinder Campminder will maintain reasonable and appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Licensee Data, including Personal Data. In the event that any Personal Data is disclosed by CampMinder Campminder (or its employees, subcontractors or agents) to an unauthorized third party (a “Data Breach”), then CampMinder Campminder shall give notice to Licensee, with full particulars if known, and shall commence an investigation of any such incident. Licensee shall be solely responsible for providing any notices or providing any remedies required by applicable Data Protection Law.
Appears in 1 contract
Samples: Master License Agreement
