(i) security measures. In order to protect customer data stored in enterprise systems, entity (1) implements and maintains all appropriate security measures that are tailored to the nature of customer data, including, but not limited to, technical, physical, administrative and organizational controls, and preserve the confidentiality, security and integrity of that data; (2) to implement and maintain systems and procedures in accord with industrial standards for detection, prevention and response to attacks, intruders or other system failures, and to regularly test or monitor the effectiveness of key controls, systems and procedures of security devices; (3) appoint one or more personnel to coordinate the installation/execution and maintenance of its security measures; and (4) identify reasonably foreseeable internal and external risks to the security, confidentiality and integrity of customer data that could lead to unauthorized disclosure, misuse, modification, destruction or other compromises of that information, and to assess the adequacy of the security measures necessary to control such risks. New York was regularly chosen as an arbitration court in charter parties and other charter contracts from the New York Produce Exchange Time Charter in 1913. Although the New York Produce Exchange, founded in 1862, no longer exists, its form of chartering remains widespread throughout the world. The Charter calls for the resolution of disputes in New York by three commercial men (which is included as “three commercial persons” regardless of gender). Today, New York arbitrators are called upon to settle disputes in many forms of dry charters and tankers as well as other commercial contracts, including the sale and purchase of ships and goods, ship repair contracts, ship management contracts, bunker purchase contracts, terminal/operating leasing contracts, rescue, shipwreck removal and increasingly demanding contracts on dry tankers. Although the U.S. courts have regularly imposed arbitration awards from the early days of the Republic, it did not reach until 1925 the adoption of the U.S. Federal Arbitration Act [9 U.S.C No. 1-14] (the “Act”), the establishment of guidelines and synthesis for the enforcement of arbitration agreements, and the arbitration awards issued under those agreements. However, the most important is the SMA Award Service, which publishes the full text of more than 4,200 arbitration awards from ADM members.
The service is available on an annual subscription. Subscribers include a global spectrum of leading owners, charterers, P and I clubs, law firms, university libraries and brokers. Prices will, of course, be published in New York, unless the parties have agreed in advance. New York arbitrators will respect and protect confidential and proprietary data of contractors if desired. Arbitrators, when asked to sign a confidentiality agreement, will not disclose these details in their distinctions. (ii) the protection of confidential information. A recipient must use the same care he or she uses to protect the confidentiality of his or her own confidential information (but by no means less than due diligence) and will not disclose or use any confidential disclosure information for purposes outside the scope of this Agreement. The recipient must make reasonable economic efforts to limit access to confidential information to staff members and contractors who require such access for purposes consistent with this agreement and who have signed confidentiality agreements with the recipient, which are no less restrictive than the terms of this agreement. b) Full agreement. These conditions and related injunctions constitute the whole agreement between the parties and replace all prior or written or oral negotiations or agreements relating to this subject.