159 / 499
8.7
Transmitted Electronic Data. Each party shall take commercially reasonable steps
to maintain and to apply to all electronic data transmitted to the other party under
the Agreement up-to-date and reasonable anti-virus software to guard against
viruses, worms, trojan horses or other software routines, programs or mechanisms
that would permit unauthorized access into, disable, erase in whole or in part or
otherwise adversely affect electronic systems, software, data or equipment of the
other party. Neither Employer nor VRSCO shall permit any of their respective
personnel to introduce into electronic data transmitted between them under this
Agreement any virus, worm, trojan horse or other software routine, program or
mechanism to permit unauthorized access into, to disable, to erase in whole or in
part or otherwise to adversely affect the systems, software, data or equipment of
the other party. Furthermore, Employer and VRSCO agree that each VRSCO
User and each Approved Vendor authorized to access Retirement Manager shall
be required to consent to a “Terms of Use” policy displayed on Retirement
Manager, and that only VRSCO-approved methods of transmission of data
between VRSCO and the Vendors are implemented to ensure reasonable
practices, protective measures, and security procedures as necessary are in place
to protect all electronic data that is transmitted between VRSCO and the Vendors
(including, but not limited to, electronic transmission or the physical delivery of
electronically recorded data or printed reports/funds delivered via United States
Postal Service (USPS)). Provided, however, in no event shall Employer be
responsible for any damages or loss caused by electronic data transmitted to
VRSCO or any VRSCO information system by VRSCO, a VRSCO User, a
Participating Employee, or a Vendor.
8.8
Reporting Security Breaches.
8.8.1 Each party shall promptly report to the other any material system,
equipment or software malfunction, error, breakage or security breach that
involves or may reasonably affect the accuracy or integrity of any data
transmitted to the other party or the unauthorized disclosure of such data,
that the reporting party detects or believes is imminent or is likely to have
occurred. In the event of a security breach, each party shall cooperate
with the other to investigate such breach, to reduce the effects of such
breach, to mitigate damage and to restore lost code or data.
8.8.2 In the event of a security breach concerning Retirement Manager or any
Employer Data or Participating Employee Data, Employer, VRSCO, and
the VRSCO Users shall cooperate to investigate such breach, to reduce the
effects of such breach, to mitigate any damage, and to restore lost code or
data.
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