1E9Ct5D

and covenants[, and shall obtain the binding written representations, warranties andcovenants of all Provider Personnel involved in any aspect of the Services] that:(a) during the Term and thereafter in perpetuity,[Provider/it] will not Process orotherwise undertake or refrain from any act with respect to any Personal Data in anymanner, including any actual or attempted Processing thereof, except for the sole purposeof performing the Services and in compliance with: (i) the express terms and conditionsof this Agreement or as Customer may hereafter expressly direct in advance in writing;(ii) Customer's then current privacy and security policies (available at www.[DOMAINNAME].com); and (iii) all applicable Laws (including all then current and applicableLaws relating to spamming, privacy and consumer and data protection);(b) except as Customer or an Authorized User may submit to ProviderPersonnel for purposes of Customer's or such Authorized User's use of the Services, or asCustomer may hereafter expressly direct in advance in writing,[Provider/it] will not underor in connection with this Agreement or any transaction or arrangement hereunder collectany Personal Data from or in connection with Customer's or any Authorized User's accessto or use of the Services, or through any access Provider may have to the CustomerSystems, including through any cookies, applets, beacons or other data mining methodsor technologies;(c) [Provider/it] shall promptly notify Customer in writing when Providerbecomes aware of any unauthorized access, use or other act respecting PersonalInformation or if Provider becomes the subject of any government, regulatory or otherinvestigation or proceeding relating to its data privacy, security or handling practices;12. Security.12.1 Protection of Customer's Confidential Information. Throughout the Term and atall times in connection with its actual or required performance of the Services hereunder,Provider shall:(a) maintain and enforce an information security program including safety andphysical and technical security policies and procedures with respect to its Processing ofCustomer's Confidential Information that [comply with/meet or exceed] the requirementsof the [Customer's] data security policies as set forth in Schedule [E/[OTHER LETTER]](Data Security Requirements) and, to the extent such practices and standards areconsistent with and not less protective than the foregoing requirements, are at least equalto applicable [best] industry practices and standards;(b) provide technical and organizational safeguards against accidental,unlawful or unauthorized access to or use, destruction, loss, alteration, disclosure,transfer, commingling or Processing of such information that ensure a level of securityappropriate to the risks presented by the Processing of Customer's Confidential34