10.1 We will employ, and shall require any third party contractors to employ security measures that include the implementation of reasonable and appropriate administrative, technical and physical safeguards to protect Registered User Data in our possession or control against unauthorized access or loss.
10.2 We agree that we have not, and will not introduce into the Services, spyware, viruses, worms, rootkits, adware, keystroke loggers, dialers, time bombs or time locks, or malware. We shall use up-to-date anti-virus software designed to prevent the introduction of any material which allows or causes the installation, transferring or in any way facilitating the installation or transfer of any malware.
10.3 We shall implement reasonable restrictions regarding physical and electronic access to information and our systems, including, but not limited to, physical access controls, secure user authentication protocols, secure access control methods, firewall protection, malware protections, and use of encryption for information being transmitted across the public internet or wirelessly and as otherwise required by Privacy Laws and Regulations.
10.4 We shall maintain a reasonable and appropriate written data security policy that includes technological, physical, administrative and procedural controls to protect the confidentiality, integrity and availability of information and our systems that encompasses access, retention and transport of information and that provides for disciplinary action in the event of its violation.
10.5 We shall prevent terminated employees from accessing information and our systems by immediately terminating their physical and electronic access to such information.
10.6 We shall employ assessment, monitoring and auditing procedures to ensure internal compliance with these safeguards.
10.7 We shall conduct a complete assessment of these safeguards at least annually and, upon written request, provide a report, at the Clients expense if a report is not available, on the results of this assessment, including, but not limited to, any discrepancies to Client.
10.8 Neither party will use any Confidential Information of the disclosing party except as expressly permitted in this Agreement or as expressly authorized in writing by the disclosing party. Each party will use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, and in any event, no less than commercially reasonable efforts. Except as required by law, neither party is allowed to disclose the other party’s Confidential Information to any person or entity other than the receiving party’s officers, employees, consultants and legal advisors who need access to such Confidential Information to effect the intent of the Agreement, and a party shall be strictly liable for the unauthorized disclosure of the disclosing party’s Confidential Information. Each party agrees to notify the other of any known unauthorized use or disclosure of Confidential Information and to provide reasonable assistance to such other party, and its licensors, in the investigation and prosecution of such unauthorized use or disclosure.