OF THE EFFECTIVE DATE OR AS SUBSEQUENTLY
IMPLEMENTED BY IDEARC AS SUCH SAFEGUARDS ARE SET FORTH IN THE POLICIES AND
PROCEDURES MANUAL OR OTHERWISE PREVIOUSLY COMMUNICATED (IN WRITING OR
ELECTRONICALLY) TO PROVIDER, (II) THOSE MAINTAINED BY PROVIDER FOR SIMILARLY
SITUATED CUSTOMERS RECEIVING SERVICES OF A SIMILAR NATURE, (III) THOSE
SAFEGUARDS UTILIZED BY PROVIDER TO PROTECT ITS OWN SIMILAR DATA, OR (IV) THE
INFORMATION SECURITY REQUIREMENTS SET FORTH IN EXHIBIT C, IDEARC'S INFORMATION
SECURITY POLICY.
IDEARC WILL HAVE THE RIGHT TO REVIEW AND APPROVE ALL SUCH
PROCEDURES (AND ANY CHANGES THERETO) PRIOR TO IMPLEMENTATION.
(II)
IDEARC WILL HAVE THE RIGHT TO ESTABLISH
BACKUP SECURITY FOR IDEARC DATA AND TO KEEP BACKUP COPIES OF THE IDEARC DATA IN
IDEARC'S POSSESSION AT IDEARC'S EXPENSE.
PROVIDER SHALL PROVIDE IDEARC WITH
DOWNLOADS OF IDEARC DATA, AS REASONABLY REQUESTED BY IDEARC, TO ENABLE IDEARC TO
MAINTAIN SUCH BACKUP SECURITY OR BACKUP COPIES OF IDEARC DATA.
PROVIDER SHALL
PROVIDE IDEARC OR ITS AGENTS (SUBJECT TO PROVIDER'S REASONABLE SECURITY AND
CONFIDENTIALITY REQUIREMENTS) WITH PROMPT ACCESS TO FACILITIES AND EQUIPMENT
UNDER ITS CONTROL OR FOR WHICH IT HAS THE ABILITY TO PROVIDE SUCH ACCESS UPON
REASONABLE NOTICE (AND, IN ANY CASE, WITHIN FIVE DAYS OF ITS RECEIVING NOTICE)
FOR THE PURPOSE OF ALLOWING IDEARC TO COPY AND/OR DESTROY ANY AND ALL IDEARC
DATA STORED AT SUCH FACILITIES AND/OR ON SUCH EQUIPMENT.
(III)
PROVIDER SHALL REMOVE ALL IDEARC DATA FROM
ANY MEDIA TAKEN OUT OF SERVICE AND SHALL DESTROY OR SECURELY ERASE SUCH MEDIA IN
ACCORDANCE WITH THE POLICIES AND PROCEDURES MANUAL.
NO MEDIA ON WHICH IDEARC
DATA IS STORED MAY BE USED OR RE-USED TO STORE DATA OF ANY OTHER CUSTOMER OF
PROVIDER OR TO DELIVER DATA TO A THIRD PARTY, INCLUDING ANOTHER PROVIDER
CUSTOMER, UNLESS SECURELY ERASED IN ACCORDANCE WITH THE POLICIES AND PROCEDURES
MANUAL.
(IV)
PROVIDER SHALL NOT UTILIZE ANY IDEARC DATA FOR
ANY PURPOSE OTHER THAN THE PERFORMANCE OF SERVICES UNDER THE AGREEMENT, AND
PROVIDER SHALL AT ALL TIMES COMPLY WITH IDEARC'S PRIVACY POLICIES TO BE SET
FORTH IN THE POLICIES AND PROCEDURES MANUAL OR AS OTHERWISE PREVIOUSLY
COMMUNICATED (IN WRITING OR ELECTRONICALLY) TO PROVIDER.
IDEARC DATA SHALL NOT
BE SOLD, ASSIGNED, LEASED, ENCUMBERED, COMMERCIALLY EXPLOITED OR OTHERWISE
PROVIDED TO THIRD PARTIES BY OR ON BEHALF OF PROVIDER OR PROVIDER PERSONNEL.
PROVIDER SHALL SEGREGATE IDEARC DATA FROM THE DATA OF ANY OTHER PROVIDER
50
CUSTOMER.
PROVIDER SHALL NOT ALLOW PROVIDER PERSONNEL TO ACCESS IDEARC DATA
THAT IS NOT REQUIRED FOR THE PROVISION OF SERVICES.
(V)
IF PROVIDER DISCOVERS OR IS NOTIFIED OF A
BREACH OR POTENTIAL BREACH OF SECURITY RELATING TO IDEARC DATA, PROVIDER SHALL
(I) PROMPTLY NOTIFY IDEARC OF SUCH BREACH OR POTENTIAL BREACH, (II) INVESTIGATE
SUCH BREACH OR POTENTIAL BREACH, (III) REMEDIATE THE EFFECTS OF SUCH BREACH OR
POTENTIAL BREACH OF SECURITY, AND (IV) PROVIDE IDEARC WITH SUCH ASSURANCES AS
IDEARC SHALL REASONABLY REQUEST THAT SUCH BREACH OR POTENTIAL BREACH WILL NOT
RECUR.
(B)
RECONSTRUCTION PROCEDURES.
AS PART OF THE
SERVICES, PROVIDER SHALL BE RESPONSIBLE FOR DEVELOPING AND MAINTAINING
PROCEDURES FOR THE RECONSTRUCTION