This Unitas Global Data Security Addendum (“the Addendum”) shall apply to and form part of any executed Unitas Global Master Terms and Conditions whether online or manually executed. In the event of any conflict with the terms of the Master Terms and Conditions the terms of the Addendum shall control.
1. Data Security
If applicable to the Services Unitas Global shall:
- use commercially reasonable efforts to identify internal and external risks to the availability, confidentiality and integrity of customer confidential information in the Unitas environment and shall employ and maintain commercially reasonable physical, electronic and procedural safeguards and software security measures to maintain the security of the services and customer confidential information. Depending on the service, this may require the use of a supplier to assist in maintaining security. Customer acknowledges that Unitas Global is unable to guarantee absolute security of data or customer confidential information and shall assume no liability additional to its statutory obligations to Customer in respect of applicable local, state, federal and foreign privacy, security and data protection legislation. Unitas Global shall have no obligation or liability in respect of Customer’s data for (i) any reconfiguration, modification, misuse, or abuse of service(s) outlined in, but not limited to, the clauses in the AUP, by Customer or its agents or (ii) unless otherwise expressly agreed in writing by the parties any loss deletion or dissemination thereof. Without limitation of the foregoing, Unitas Global shall use and process personal information in accordance with applicable local, state, federal and foreign privacy, security and data protection legislation and,
- promptly notify Customer if having reasonable suspicion of any unauthorized loss, transfer, acquisition, or misuse of Customer Confidential Information. Unitas Global shall investigate any such incident, take any actions limited to the Unitas network environment that are necessary to mitigate resulting damage, and notify Customer of any implications to Customers’ environment that Unitas considers may be possible. Customer acknowledges that if Customer Confidential Information has been disclosed to or accessed by an unauthorized party, statutory requirements may require that Customer notify those persons whose personal information was disclosed.
- Upon termination of Services Unitas upon request decommission applicable equipment to ensure full erasure of Customer data and will charge Customer a fee based on standard hourly rates for completing this measure as noted in 3.03 or otherwise noted in the Service Order.
- Data Protection and Privacy. To the extent the Services involve the processing of any Personal Data the Parties agree to add a specific Service Schedule Personal Data Addendum to the Terms and Conditions regarding the regulation of data protection. The Service Schedule Personal Data Addendum shall be signed by the Parties and form part of the contract with the Terms and Conditions. In the course of performing their obligations under this Agreement, the parties agree to treat all personal information as confidential, and the Parties, undertake to observe all applicable laws and regulations regarding the handling and processing of such information. To the extent either party requests the handling or processing of Personal Data under the Terms and Conditions, the Parties agree to negotiate in good faith and agree to a specific Schedule to address the terms and conditions applicable to such activity. Without limiting the generality of the foregoing, the Parties agree that to the extent Personal Data is contained in traffic metadata or billing information, Unitas and not Customer acts as the data controller in accordance with the relevant regulation.