Agmt18 Brainfuse, Inc. - Laserfiche WebLink

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12.2.6 Consultant shall not use any information collected in connection with the Services issued from this Agreement for any purpose other than fulfilling the Services. 12.3 Data Location. Consultant shall provide its Services to the City and its end users solely from data centers in the U.S. Storage of City Data at rest shall be located solely in data centers in the U.S. Consultant shall not allow its personnel or contractors to store City Data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. Consultant shall permit its personnel and contractors to access City Data remotely only as required to provide the Services or to provide technical support. Consultant may provide technical user support on a 24/7 basis using a Follow the Sun model, unless otherwise prohibited in this Agreement. 12.4 Securitv Incident or Data Breach Notification. Consultant shall inform the City of any Security Incident or Data Breach: 12.4.1 Incident Response: Consultant may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in this Agreement. Discussing Security Incidents with the City should be handled on an urgent as -needed basis, as part of Consultant communication and mitigation processes as mutually agreed upon, defined by law or contained in this Agreement. 12.4.2 Security Incident Reporting Requirements: Consultant shall report a Security Incident to the appropriate City Identified Contact immediately. 12.4.3 Breach Reporting Requirements: If Consultant has actual knowledge of a confirmed Data Breach that affects the security of any City content that is subject to applicable Data Breach notification law, Consultant shall (1) promptly notify the appropriate City Identified Contact within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the Data Breach in a timely manner. 12.5 Breach Responsibilities. This section only applies when a Data Breach occurs with respect to Personal Data or Non -Public Data within the possession or control of Consultant. 12.5.1 Consultant, unless stipulated otherwise, shall immediately notify the appropriate City Identified Contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a Security Incident. REV: 01-10-18 JS Page 7 of 18 ATTY/AGR.2018.007/Brainfuse 2018