ACCENTURE MAY DISCLOSE RELEVANT ASPECTS OF THE HAWAIIAN TELCOM DATA
TO ITS EMPLOYEES, AFFILIATES, SUBCONTRACTORS AND AGENTS TO THE EXTENT SUCH
DISCLOSURE IS REASONABLY NECESSARY FOR THE PERFORMANCE OF ITS OBLIGATIONS, OR
THE ENFORCEMENT OF ITS RIGHTS, UNDER THIS AGREEMENT.
(B)
SUBJECT TO THE OTHER TERMS AND CONDITIONS OF
THIS AGREEMENT (INCLUDING THE CONTRACT CHANGE CONTROL PROCESS) ACCENTURE WILL:
(I) COMPLY WITH ALL APPLICABLE HAWAIIAN TELCOM POLICIES ATTACHED AS EXHIBIT G-1
WITH RESPECT TO THE HAWAIIAN TELCOM DATA; AND (II) SEGREGATE ALL HAWAIIAN TELCOM
DATA FROM THAT OF ANY OTHER CLIENT.
(C)
ACCENTURE WILL ESTABLISH AND MAINTAIN
PROCEDURES, SYSTEMS, PROCESSES AND CONTROLS INTENDED TO PREVENT THE UNAUTHORIZED
ACCESS, DESTRUCTION, LOSS OR ALTERATION OF ANY HAWAIIAN TELCOM DATA IN THE
POSSESSION OR CONTROL OF ACCENTURE, OR WHILE TRANSMITTED BY ACCENTURE TO
HAWAIIAN TELCOM, THAT ARE NO LESS RIGOROUS THAN THOSE MAINTAINED BY ACCENTURE
FOR ITS OWN SIMILAR DATA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ACCENTURE SHALL COMPLY WITH HAWAIIAN TELCOM POLICIES REGARDING PROCEDURES AND
SAFEGUARDS AGAINST THE DESTRUCTION, LOSS OR ALTERATION OF HAWAIIAN TELCOM DATA
IN ACCENTURE'S POSSESSION, AS SUCH HAWAIIAN TELCOM POLICIES ARE ATTACHED AS
EXHIBIT G-1, AS SUCH PROCEDURES MAY BE UPGRADED OR ENHANCED BY HAWAIIAN TELCOM
FROM TIME TO TIME, PROVIDED THAT ANY SUCH CHANGES WILL BE SUBJECT TO THE FEE
ADJUSTMENTS PROVIDED FOR IN SECTION 4.2(D).
34
(D)
ACCENTURE MAY RETAIN ARCHIVAL COPIES OF
HAWAIIAN TELCOM DATA AS REASONABLY NECESSARY TO VERIFY ACCENTURE'S COMPLIANCE
WITH THIS AGREEMENT, SUBJECT TO ITS CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN
THIS ARTICLE XI.
ACCENTURE SHALL IDENTIFY SUCH DATA TO HAWAIIAN TELCOM AT THE
TIME SUCH ARCHIVAL COPIES ARE WITHHELD.
(E)
ACCENTURE WILL NOT ATTEMPT TO ACCESS OR
ALLOW ACCESS TO HAWAIIAN TELCOM DATA THAT IS NOT REQUIRED FOR THE PERFORMANCE OF
THE SERVICES OR OTHERWISE AUTHORIZED HEREBY.
ACCENTURE WILL PROMPTLY NOTIFY
HAWAIIAN TELCOM OF ANY DISCOVERED BREACH OR ATTEMPTED BREACH OF SECURITY BY
ACCENTURE PERSONNEL OF HAWAIIAN TELCOM DATA (INCLUDING WITH RESPECT TO SUCH
INFORMATION HELD OR PROCESSED BY SUBCONTRACTORS) AND WILL INVESTIGATE AND WORK
TO REMEDIATE THE EFFECTS OF SUCH BREACH AND TAKE REASONABLE STEPS TO PREVENT THE
RECURRENCE OF THE ATTEMPTED BREACH.
(F)
NOTWITHSTANDING THE FOREGOING OR ANYTHING
HEREIN TO THE CONTRARY, WITH RESPECT TO ANY HAWAIIAN TELCOM DATA THAT IS
INFORMATION ABOUT INDIVIDUALS, WHETHER PERSONALLY IDENTIFIABLE INFORMATION OR
NON-PERSONALLY IDENTIFIABLE INFORMATION, ACCENTURE WILL NOT ACCESS, RETRIEVE,
STORE, VIEW OR OTHERWISE USE SUCH DATA EXCEPT IF AND TO THE EXTENT NECESSARY TO
PERFORM THE SERVICES, NOR WILL ACCENTURE STORE ANY SUCH DATA OUTSIDE OF THE
UNITED STATES.
11.3
Unauthorized Acts.
Each Party shall:
(A)
NOTIFY THE OTHER PARTY PROMPTLY OF ANY
MATERIAL UNAUTHORIZED POSSESSION, USE OR KNOWLEDGE, OR ATTEMPT THEREOF, OF THE
OTHER PARTY'S CONFIDENTIAL INFORMATION BY ANY PERSON THAT MAY BECOME KNOWN TO
SUCH PARTY;
(B)
PROMPTLY FURNISH TO THE OTHER PARTY DETAILS
OF THE UNAUTHORIZED POSSESSION, USE OR KNOWLEDGE, OR ATTEMPT THEREOF, AND USE
REASONABLE EFFORTS TO ASSIST THE OTHER PARTY IN INVESTIGATING OR PREVENTING THE
RECURRENCE OF ANY UNAUTHORIZED POSSESSION, USE OR KNOWLEDGE, OR