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TMM’S SECURITY IS “BREACHED”
52. As alleged hereinabove, NRM and all members of the Class relied on TMM
to act as their agent and through NATS, administer and coordinate the Personal information
provided by Class Plaintiff’s Processors, Affiliates, and Members.
53. In the performance of TMM’s contractual services for NRM and all members
of the Class, the TMM Defendants had access to the Personal Information of Class Plaintiffs
and/or their Affiliates and/or their Members, as well as other confidential information that is
proprietary to Class Plaintiffs, and the power to direct it to various digital storage locations.
54. Upon information and belief, the TMM Defendants directed and/or were
aware and/or should have been aware that certain design features (hereafter, “Security
Vulnerabilities”) had intentionally been incorporated in the NATS program that would
render the information transmitted by or through NATS accessible to anyone with knowledge
of their existence of such Security Vulnerabilities.
55. Upon information and belief, the Security Vulnerabilities enabled the TMM
Defendants to access, copy and distribute the Personal Information of NRM and all members
Upon information and belief, “Milan” and “Dale,” acting 2 as agents for OC3, alerted TMM to security
breaches NATS-users were suffering, and thereafter waited until late December before disclosing the
problem publicly.
of the Class and/or their Affiliates and/or Members, as well as other proprietary and
confidential information of NRM and members of the Class.
56. At all relevant times prior to December 2007 the TMM Defendants, upon
information and belief, concealed the existence of the above alleged Security Vulnerabilities.
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