This Security Incident & Breach Notification Addendum (“Addendum”) is incorporated into and forms part of the Services Agreement between Link-X (“Company”) and the applicable customer (“Client”). Capitalized terms not defined herein have the meanings set forth in the Agreement.
1. Security Incident
A “Security Incident” means a confirmed unauthorized access to or disclosure of Client Data maintained by Company in connection with the Services.
2. Safeguards
Company will maintain reasonable administrative, technical, and physical safeguards designed to protect the security and confidentiality of Client Data.
3. Notification
Following Company’s reasonable confirmation of a Security Incident, Company will notify Client without undue delay and will provide reasonably available information regarding the nature of the Security Incident and Company’s mitigation efforts as such information becomes available.
4. Cooperation
Company will provide reasonable cooperation, upon Client’s request, to enable Client to comply with applicable data protection laws relating to the Security Incident, to the extent required by law and reasonably within Company’s control, without requiring Company to take actions beyond commercially reasonable efforts.
5. Exclusions
Security Incidents do not include unsuccessful attempts (including scans, probes, or denial-of-service attacks) or events that do not result in unauthorized access to Client Data, or incidents caused by Client’s acts or omissions, including compromised credentials or Client-controlled systems.
6. Law Enforcement
Company may delay or limit notification where required by law or where disclosure would compromise an investigation or remediation efforts.
7. No Expansion of Liability
This Addendum sets forth notification and cooperation obligations only and does not expand Company’s warranties or increase Company’s liability beyond the limitations set forth in the Agreement.