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INC.
<br />authorize Client to share such Applicant Data or information, (ii) refrain from violating any law, policy, term or rule
<br />by sharing, transmitting or otherwise disclosing such Applicant Data or information, and (iii) keep the Applicant
<br />Data and information secure and private in accordance with any and all applicable privacy laws, and other legal
<br />requirement(s) and obligation(s).
<br />5.4 MMI's Sharing of Basic Applicant Data. Client acknowledges and understands a valuable part
<br />of the eSOPH System is the ability for Client to see if an Applicant has been entered into the cSOPH System by
<br />other MMI client(s). If Client enters an Applicant into the eSOPH System, the eSOPH System will disclose if any
<br />other MMI client has previously entered the same Applicant into the eSOPH System. "Basic Applicant Data"
<br />information produced to other MMI clients is limited to: Agency/entity name, position applied for, entered date, and
<br />closed date. The eSOPH System will also display the point of contact for any other agency(s) who have previously
<br />entered the Applicant into the eSOPH System. If Client purges their backgrounds from the cSOPH Systern, the
<br />Basic Applicant Data (as defined in this Section) will remain on the eSOPH System and be visible to other MMI
<br />clients. Further information regarding another agency's entry of an Applicant, must be gained through that agency's
<br />permission and their own internal process(es).
<br />5.5 Security Incident. In the event MMI learns of a Security Incident, MMI will make every effort to
<br />notify Client within 24-hours of learning of the breach. Notification will be made to at least one of Client's
<br />Administrative Users listed on Exhibit A via telephone and email. Notifications will only be made when an actual
<br />Security Incident has occurred; if the data is encrypted, by industry standards, no Security Incident is considered to
<br />have occurred and no notification will be made. At the request of Client, and with Client's cooperation and
<br />assistance, MMI will work together with law enforcement and other personnel in connection with the unauthorized
<br />access into the eSOPH System. MMI takes the privacy and security of data seriously, and uses reasonable
<br />administrative, technical, and physical safeguards to protect the confidentiality and security of all Client Data.
<br />Clients are encouraged to review MMI's eSOPH Security Overview, which is updated as needed by MMI from time
<br />to time and is available upon request.
<br />5.6 Ownership of Client Data. Client owns all Client Data entered into the CSOPH System by its
<br />Authorized Users and its Applicants, including Applicant Data entered in response to the Client's request for
<br />information to process an Applicant's background investigation.
<br />5.7 Post -Termination Retention of Data. Without limiting Client's rights to Client Data and
<br />Applicant Data hereunder, MMI may retain and store the following data during and after the tern of this Agreement:
<br />Applicant name, Applicant telephone number, Applicant mailing address, Applicant email address, Applicant year
<br />of birth, date the Applicant was entered into the eSOPH System, Applicant's background investigation close date,
<br />position Applicant has applied for with Client, and the legal agreements (e.g., MMI's Electronic Signature
<br />Agreement, Terms of Use and Privacy Policy) related to any Authorized User's or Applicant's use of the eSOPH
<br />System. MMI may retain such information and use it to comply with applicable law and the eSOPH System Terms
<br />of Use and Privacy Policy and for the purposes described in Section 5.4 (MMI's Sharing of Basic Applicant Data).
<br />Other than as stated in this Agreement, MMI will not use such information for other purpose.
<br />5.8 Confidential Information. In performance of this Agreement, the Parties may directly or
<br />indirectly disclose to each other confidential information, proprietary information, or confidential data
<br />("Confidential Information"). "Confidential Information" shall include any data and/or information that is
<br />identified by either Party as confidential (either orally or in writing) or is of such a nature that a reasonable person
<br />would understand such information to be confidential, including, but not limited to, (a) trade secrets or confidential
<br />business information of either Party, including without limitation information about such Party's technology,
<br />financial information, and plans; and (b) personal information of employees, Applicants, and Authorized Users,
<br />including but not limited to, images, names, addresses, Social Security numbers, e-mail addresses, telephone
<br />numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement
<br />records, educational records or other information identifiable to a specific individual that relates to any of these
<br />types of information ("Personally Identifiable Information" or "PH").
<br />MASTER SOFT WARE LICENSE & SERVICES AGREEMENT PAGE 13 OF 21
<br />Version: June 1, 2019 — Santa Ana Specific (See Addendum)
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