If Momentive becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, as that term is defined in our Data Processing Agreement, related to your account (“ Security Incident”), Momentive will take reasonable steps to notify you without undue delay. Momentive may disclose your Content when required by law or legal process, but only after Momentive, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Momentive) (b) was lawfully known to Momentive before receiving it from you (c) is received by Momentive from a third party without knowledge of breach of any obligation owed to you (d) is shared in the context of your account being identified by you as a business owned account or migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization or (e) was independently developed by Momentive without reference to your Content. Momentive will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Momentive privacy notices).
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