Security and Personal Information Policy (SPIP)
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1. GENERAL
1.1 This Security and Personal Information Policy (the "Policy") explains how Company Content and Personal Information is collected, used, and disclosed with respect to any entity’s ("Company") use of the Antenna Software, Inc. ("Antenna") AMPchroma Web site located at ___________________ (the "Site") and the AMPchroma services (the "Services") provided by Antenna. This Policy sets forth the respective obligations of Antenna and Company. This Policy supplements the terms and conditions of the License and Services Agreement (the “Agreement”) entered into by the parties. Antenna reserves the right to change the provisions of this Policy at any time. Antenna will alert Company by email that changes have been made. By using the Services or accessing the Site, you agree to the latest version of this Policy. In the event of a conflict between this Policy and the provisions of the Agreement, the provisions that are more protective of Data Subjects (as that term is defined below) shall apply.
1.2 For the purposes of this Policy: (i) “Data Subject” means any individual to whom Personal Information relates.
1.3 All capitalized terms used but not defined in this Policy shall have the meanings provided in the Agreement.
2. ANTENNA ACCESS TO AND USE OF COMPANY CONTENT AND PERSONAL INFORMATION
2.1 Company has and/or will: (i) disclose or entrust to Antenna; (ii) permit the development by Antenna of; and (iii) permit the collection by Antenna of, Company Content on the condition that Antenna maintains the confidentiality of the Company Content (subject to its ability to use Aggregated Data to the extent permitted by the Agreement), complies with applicable law relating to such Company Content, and otherwise complies with this Policy.
2.2 Antenna will use Personal Information solely for the purpose of carrying out its obligations to, or on behalf of Company as set forth in the Agreement, and for no other purpose. Antenna may, to the extent permitted by law: (i) use Personal Information during the Term to provide and improve the Services; (ii) use Non-PII to improve the Services and to create Aggregated Data; and (iii) use, sell, license, distribute and disclose Aggregated Data. The uses of Company Content described in this Section 2.2 are the “Permitted Uses”.
3. ANTENNA DISCLOSURE OF COMPANY CONTENT.
Without limiting the generality of Section 2:
(a) Antenna may allow its subcontractors to access Company Content in connection with the Permitted Uses, provided that (i) each such subcontractor has agreed to maintain the security, confidentiality and privacy of the Company Content under terms at least as protective as those of this Agreement, including without limitation the most current version of this Policy; and (ii) each such subcontractor only has access to the Company Content required for the Permitted Uses and does not retain Company Content beyond the time period necessary for such use. Antenna will cause its subcontractors to comply at all times with this Policy and will be responsible for any breach of this Policy caused by its subcontractors;
(b) If Antenna is acquired, reorganizes, or merges with a third party (whether by transfer of equity or sale of all or substantially all of its assets to another entity), Antenna may disclose Company Content as an asset to the surviving entity subject to the terms and conditions of this Agreement; and
(c) Antenna may disclose Company Content to third parties as required to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, or to enforce this Policy. If Antenna receives a request to disclose Company Content from a governmental agency or in connection with any judicial proceeding or government or regulatory investigation, then to the extent legally permitted, Antenna will promptly notify Company and allow a reasonable time before Antenna is required to disclose the Company Content for Company to seek a protective order from the appropriate court, government agency or regulatory body. Thereafter, Antenna may disclose the Company Content but only to the extent required by law, subject to any applicable protective order.
4. ANTENNA DISCLOSURE OF PERSONAL INFORMATION
Except as may be required by law or by the Agreement, Personal Information under the care or control of, or accessible by, Antenna will not be disclosed to, or made accessible to, any third party, without Company’s prior written consent.
5. ACCESS TO PERSONAL INFORMATION
Access to Personal Information will be limited to Antenna employees and subcontractors who have a legitimate business need for the Personal Information for the purpose of fulfilling Antenna’s obligations to Company, and who have entered into an agreement with Antenna to handle Personal Information in a manner that is in accordance with this Policy.
6. CHANGES TO PERSONAL INFORMATION
Antenna has no direct relationship with the Data Subjects. Any Data Subject who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Company. If the Company requests Antenna remove the data, we will respond to their request within 30 business days.
7. DATA SECURITY
7.1 Each party will establish and maintain industry standard safeguards against the destruction, loss or alteration of all data, including Personal Information, in its (or its subcontractors’) possession or control. Such safeguards will include, without limitation, physical security, password protections, and firewalls barring unauthorized access to the applicable party’s systems. Each party will monitor and test the security of its systems in accordance with industry standards.
7.2 Antenna will, as applicable: (a) subscribe to industry-standard security notifications as well as maintain upgrades, enhancements, and security patches applicable to the Antenna Technology; (b) regularly run and maintain antivirus software with up-to-date antivirus signatures; (c) provide active intrusion detection technology for the Antenna Technology; (d) disable or remove from the Antenna Technology those operating systems and application programs that are not necessary for providing the Services; and (e) when Antenna employees or people working on behalf of Antenna leave the company or change job functions, disable access to Personal Information or alter access to reflect their new status.
7.3 Antenna will protect the security of Cardholder Data that it possesses, stores or transmits in accordance with industry standards and the provisions of this Policy. Without limiting the generality of the foregoing, Antenna will cause, and will contractually require and/or cause its subcontractors, third party service providers and agents to cause, all of its (or their) practices, policies and procedures with regard to Cardholder Data to be in compliance with applicable industry standards for the protection and security of such data, in particular the Payment Card Industry Data Security Standards (“PCI DSS”) and the individual card associations’ data security and protection programs (collectively the “PCI Requirements”), as the same may be modified from time to time. Antenna will use Cardholder Data only as necessary to provide the Services under the Agreement. Antenna also requires Company to comply at all times with the PCI Requirements to the extent Company processes or otherwise has access to Cardholder Data.
7.4 Company acknowledges and agrees that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding Antenna’s implementation of the safeguards set forth in this Section 7, Antenna does not guarantee or warrant that such events will not take place with respect to the Antenna Technology or Personal Information. Company will follow all access and security procedures related to the Services provided by Antenna, from time to time, and will not attempt, nor permit, its representatives to attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of Antenna.
8. SECURITY OF PERSONAL INFORMATION.
Antenna will provide for the physical, managerial and electronic security of Personal Information such that the Personal Information is reasonably maintained and secured, ensuring it is safe from loss, theft, unauthorized use, access, copying, modification, or disclosure during use, transmission and storage. To that effect, Antenna represents and warrants that it has in place now and will on a continuing basis maintain appropriate physical, technical and administrative safeguards (including commercially reasonable safeguards required in written guidelines provided to Antenna by Company), to protect the integrity, confidentiality and availability of Personal Information and to enable Company to comply with applicable laws, regulations and standards regarding the privacy and security of Personal Information. The objective of such security program will be to (i) ensure the security and confidentiality of Personal Information, (ii) protect against any anticipated threats or hazards to the security or integrity of Personal Information that could result in harm or inconvenience to Company, and (iii) have a program to respond to a security incident and to notify individuals affected by the breach where required by law or regulation. In addition to any other security requirements, Antenna’s security program includes (1) encryption, in a manner prescribed by Antenna’s Security and Risk Management Policies (“SRM”), of data stored on portable devices that may contain Personal Information, including laptops, PDA (personal digital assistant) devices, thumb drives, portable hard drives, CD ROMS, DVDs and similar devices; (2) encryption, in a manner pursuant to Antenna’s SRM Policies, of any and all Personal Information that Antenna transmits in any manner for any purpose, (3) maintenance of a data security incident response plan, data retention and destruction policies; (4) training programs or similar instruction to raise awareness and ensure that its agents assigned to perform the Services are properly informed of and fully understand their obligations hereunder; and (5) periodic risk assessment and testing of Antenna’s safeguards to ensure Antenna’s safeguards are properly implemented and are reasonably designed to protect the security, confidentiality, and integrity of Personal Information.
9. NOTIFICATION OF SECURITY BREACH AND INCIDENT RESPONSE.
Without limiting the requirements of Section 7, Antenna shall advise Company as promptly as reasonably possible in the event that it learns or has reason to believe that there has been unauthorized access to or use of, or any security breach relating to or affecting, Personal Information, or that any person who has had access to Personal Information has violated or intends to violate the terms of this Agreement, and Antenna shall, at its own expense, cooperate with Company in investigating and responding to the foregoing, notifying customers or other affected individuals as required by law, and seeking injunctive or other equitable relief against any such person or persons who have violated or attempted to violate the security of Personal Information. In addition, where there has been a security incident involving Cardholder Data, Antenna shall provide to Company for Company to provide to the applicable credit card company(ies) and the acquiring financial institution(s) and their respective designees, a list of any compromised account numbers. Antenna shall thereafter provide access to Antenna’s facilities and all pertinent records to conduct a review of Antenna’s compliance with the PCI Requirements. Antenna shall fully cooperate with any such reviews or audits of its facilities and records, and will make commercially reasonable efforts to ensure that its subcontractors fully cooperate with (provided, at a minimum, that any such subcontractor with access to Cardholder Data will comply with the PCI Requirements) in the event of a security breach, whether conducted by a PCI representative or a PCI-approved third party (or a representative or other approved entity of any of the individual card companies). In the event that applicable law requires that Company’s customers or other affected persons be notified of a security incident involving Personal Information that was in Antenna’s direct possession and control, and applicable law does not establish whether such notice must come from Company or Antenna, Company shall have the discretion of determining whether such notice shall come from Company or Antenna. In any event, the content, timing and other details of such notice shall be subject to Company’s approval, in Company’s reasonable discretion. Antenna shall be responsible for reimbursing Company for the reasonable costs of such notifications and fielding feedback and questions from those notified, and any other associated costs that Company may incur in connection with responding to or managing a breach of the security of Personal Information in Antenna’s or its agents’ possession, or that is stored or transmitted by Antenna or its agent(s) on Company’s behalf (for example, without limitation, costs of credit monitoring services, call center services and forensics services, fines imposed by credit card associations, merchant banks or financial account institutions, and costs passed on by individual card companies, banks and other financial institutions, such as the costs of issuing replacement cards, fraud liability, chargebacks, compromise fees and other remediation costs). The remedies set forth herein shall be in addition to any other remedies available to Company at law or in equity, including but not limited to Antenna’s indemnification obligations. Antenna will also take all steps reasonably requested by Company to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use.
10. RETURN, TRANSFER OR DESTRUCTION OF PERSONAL INFORMATION
Upon completion of Antenna’s use of Personal Information, or upon Company’s written request, Antenna will follow Company’s written instructions as to the return, transfer and/or destruction of all Personal Information. Antenna will take such actions and provide Company with written confirmation of the actions taken, within thirty (30) days of receipt of Company’s written instructions. If Company requests the destruction of any Personal Information, then Antenna will perform the destruction in accordance with Company’s instructions and at Company’s expense and will: (i) use the destruction methods as reasonably authorized by Company (e.g. shredding or electronic erasure); (ii) protect the confidentiality of the Personal Information during the destruction process; and (iii) provide Company with a destruction record confirming which Personal Information has been destroyed and the manner in which such Personal Information was destroyed.
11. APPOINTMENT OF PERSON RESPONSIBLE FOR PERSONAL INFORMATION
Antenna will name a person responsible for all Personal Information in its possession or under its control and for ensuring that this Policy is fully complied with. Antenna will ensure that its collection, use, storage and disclosure of Personal Information to fulfill its obligations to Company, is conducted in full compliance with all laws and regulations applicable to Antenna, and this Policy. Antenna will also provide reasonable cooperation to Company, at Company’s cost, in connection with any investigations or information requests that may be made in connection with applicable laws.
