CLIENT SPOTLIGHT: Grillo's Pickles

If you haven't been to the Grillo's Pickles website, you should. There, you'll find the fantastic story of how this company began. We've copied part of it here to save you a click.

Grillo's Pickles began with a pickle cart, just a small wooden stand in downtown Boston, where Travis Grillo and his friends would sell two spears for one dollar. Travis would make the pickles by night using his family's 100-year old recipe - one he'd memorized from making pickles every summer as a kid. In the morning, Travis would bike to the Boston Common and set up the cart with his buddies. They'd hang out all day, urging people to try the simple Grillo family pickle. It was a small business but Travis worked hard for it. He made more pickles, biked more miles, and slept less hours than he ever had before.
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CLIENT SPOTLIGHT: Factory Five Racing

Factory Five Racing was founded in 1995. Over the years they have grown from a start-up business in a small garage to become the world's largest manufacturer of "build-it-yourself" component car kits. They employ a full-time crew of about 40 people, and are located in Wareham, Massachusetts (about an hour south of Boston). They make their products right here in the USA, in the heart of New England where American manufacturing was born.
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CLIENT SPOTLIGHT: Luca + Danni

Fred and Danny Magnanimi grew up watching their father create beautiful, handcrafted jewelry in the family's Cranston, RI jewelry manufacturing business. When the boys grew up, Fred moved to New York and began working on Wall Street as an investment banker, while younger brother Danny, still enamored by the family business, stayed home. Increased competition from overseas businesses created significant challenges for the business, but Danny was confident he could find a way for the family business to evolve and thrive. This was his mission, this was his passion.
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        Limit Your Risk of Data Breach Liability: 13 Important Considerations Before Providing Data to a Third Party

        Does your business provide company or customer data to any of its vendors? If so, do you know what contractual provisions are in place to protect your business in the event of a data breach by your vendor?

        Vendors typically try to limit their liability under their contracts and seek to minimize exposure in the event that they experience a data breach. Entering into a “standard” agreement without carefully reviewing the data privacy provisions could leave your business with the unenviable task of complying with data breach notification laws and shouldering remediation expenses, even though it was not your business that was compromised.

        Although any vendor can suffer a data breach, you may be at a heightened risk if you contract with vendors for such things as: (i) cloud back-up services, (ii) outsourced IT services, (iii) online sales management, (iv) payment processing, (v) order fulfillment, (vi) billing processing, or (vii) records storage and management.

        Having a comprehensive cyber liability insurance policy in place can provide your business with some protection against loss, but no insurance policy can force a third party vendor to provide you with indemnification, information, or cooperation. For that, you need to have contractual provisions in your favor.

        Here are 13 things to consider before entering into any contract that provides a vendor with access to your company’s or your customers’ data.

        1. Does the vendor carry cyber liability insurance, and if so, what are the limits and can the vendor provide you with an insurance certificate?

        2. Does the contract contain an affirmative duty to notify you immediately in writing if a data breach has occurred?

        3. Is the contract clear as to what constitutes a breach and the scope and extent of the required notice to you?

        4. Is there a cooperation clause in the contract that obligates the vendor to cooperate fully with you in the event of a data breach?

        5. Does the contract provide you with access to a senior level point person at the vendor to manage the notification process?

        6. Is there language in the contract that obligates the vendor to provide you with continuing updates following a data breach?

        7. Does the agreement allow you access to information sufficient to allow you to protect your business and customers and to comply with any notice and remediation obligations?

        8. Does the vendor have a written data breach incident response plan and written information security program?

        9. Is cyber liability risk carved out from any limitation of liability clause in the contract so that any damages your business suffers are covered up to the limits of the vendor’s cyber liability insurance policy?

        10. Is there a clause in the contract giving you the right to request annual updates of the vendor’s cyber liability insurance certificate and compliance with other data privacy laws and regulations?

        11. Does the contract contain representations and warranties regarding the vendor’s legal compliance standards and obligations, and ongoing obligations of the vendor to comply with all laws relating to data privacy and security?

        12. Does the agreement require the vendor to indemnify you if it suffers a data breach?

        13. Does the contract include a limitation on the vendor allowing other third party vendors to access or hold your data or that of your customers without your consent?

        While the level of detail that you will require in any vendor contract will vary depending on the type of contract and the level of access the vendor has to sensitive data, ignoring these questions or assuming that you are protected could leave your business vulnerable should your vendor suffer a data breach.

        Note also that many vendors will require you to accept certain terms and conditions when creating an account or using a service for the first time, rather than signing a formal contract. In these instances, it is unlikely that the vendor will modify its standard terms and conditions for an individual customer, but it is still important for you to understand the cyber-security and data privacy risks before you agree to be bound by the vendor’s terms of service.

        If you would like help reviewing your current vendor agreements or are entering into a new vendor contract and want to protect your business, contact Colin Coleman, John Ottaviani or Brian Reilly today.