Common use of Confidentiality and Information Security Clause in Contracts

Confidentiality and Information Security. 8.01 You acknowledge that The Freedom of Information and Protection of Privacy Act (“FIPPA") and PHIA each impose obligations on the WCB to collect, use or disclose "personal information" and "personal health information", as those terms are defined in FIPPA and PHIA (collectively called "Personal Information"), in the strictest of confidence, and in accordance with those Acts. In performing the Services under the Agreement, you acknowledge that you may collect, use, or have access to Personal Information. 8.02 While the Agreement is in effect, and at all times thereafter, you agree to treat as confidential all information andmaterials acquired by you, or to which you have been given access, in the course of the performance of the Agreement (collectively called "Confidential Information"), excluding information that is in the public domain (for greater certainty, this does not include information in the public domain which was made public as a result of an unauthorized disclosure by a third party). For the purposes of the Agreement, Personal Information shall be considered to be Confidential Information. 8.03 You agree that during the Term of the Agreement and at all times thereafter: (a) the Personal Information disclosed to you by the WCB may only be used by you in a manner expressly permittedby FIPPA or PHIA (as the case may be); (b) you shall not disclose or permit the disclosure of Confidential Information, or any copies of it, in any format, to any third party without the express prior written consent of the WCB; (c) you shall comply with all directives given to you by the WCB with respect to safeguarding, or otherwise ensuringthe confidentiality, of any Confidential Information disclosed to you by the WCB; (d) you shall ensure that access to the Confidential Information by your Representatives is on a "need-to-know" basis, and that access, when given, shall be to the minimum amount of Confidential Information necessary to accomplish the task; (e) you shall use the Confidential Information only for those purposes that have been expressly permitted by the WCB; (f) you shall not reproduce Confidential Information, in any format, without the express prior written consent of the WCB, provided that you shall be able to reasonably reproduce the Confidential Information for internal use onlyin the normal performance of the Services; (g) you shall ensure that you and your Representatives do not transport or store any Confidential Information outsideof Canada without the express prior written consent of the WCB; and, (h) upon termination of the Agreement, or after the Confidential Information has been used for its authorized purpose,or where destruction of the Confidential Information is requested by the WCB or is required by the Agreement, you shall destroy the Confidential Information (and all copies of the Confidential Information in any form) in a manner which adequately protects the confidentiality of the Confidential Information, provided that you can retainas many copies of the Confidential Information as required by your Governing Agencies, or by law, and such copies shall be protected in accordance with the requirements of the Agreement. You shall ensure that the Confidential Information that is destroyed cannot be reconstructed (whether physical or electronic, or any other form). 8.04 You represent and warrant that you have established an information security management practice that follows industry standards and best practices. During the Term of the Agreement and at all times thereafter, you shall take reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. The standard of such precautions taken by you shall be the greater of: (a) the standards you have in place to protect your own confidential information; or, (b) the standards imposed on you by the WCB. 8.05 You shall immediately notify the WCB in writing upon becoming aware of any actual or suspected unauthorized use, disclosure, or destruction of, or any unauthorized access to, Confidential Information (a "Confidentiality Breach"). The written notification must include full details of the Confidentiality Breach. You shall immediately take all reasonable steps to prevent the recurrence of any such Confidentiality Breach and shall notify the WCB in writing of the steps xxxxx.Xx the event of a Confidentiality Breach, the WCB may do any combination of the following (i) impose increased standardson you related to your treatment of the Confidential Information and you shall comply with such increased standards, and/or (ii) if applicable, limit your access to the WCB's systems, and/or (iii) enforce or use any other applicable section ofthe Agreement. 8.06 You shall inform your Representatives of the obligations imposed upon you in the Agreement with respect to Confidential Information, and you shall take whatever steps are necessary to ensure that all of your applicableRepresentatives comply with those obligations. 8.07 You acknowledge that monetary damages may not be a sufficient remedy for a Confidentiality Breach, and thatthe WCB may, without waiving any other rights or remedies, seek appropriate injunctive or equitable relief from a court ofcompetent jurisdiction. 8.08 If you receive a subpoena, or other validly issued administrative or judicial order seeking Confidential Information,you shall provide prompt notice to the WCB and deliver to the WCB a copy of your proposed response to the demand. Unless the demand has been time-limited, quashed, or extended, you shall thereafter be entitled to comply with the demand to the extent permitted or required by law. If so requested by the WCB, you shall cooperate with the WCB in the defence of the demand, at the WCB’s expense. 8.09 Notwithstanding any other part of the Agreement, if you receive a request from an injured worker under PHIA for access to Confidential Information, you shall notify the WCB of such request as well as your decision with respect to therequest, prior to providing the Confidential Information to the injured worker. Under PHIA, you may transfer such request to the WCB and then the WCB shall attempt to complete such request in accordance with PHIA. The WCB will notify youwhen the Confidential Information has been provided to the injured worker. Alternatively, if you decide to respond to the access request and provide a copy of the Confidential Information, you shall notify the WCB of this decision prior to sending the Confidential Information to the injured worker. You will also notify the WCB when the Confidential Informationhas been sent to the injured worker. 8.10 You undertake not to publish any public statement or advertisement with respect to the Agreement and further undertake not to seek publicity of the Agreement without the express prior written consent of the WCB, except as otherwise required by law, by the Agreement, or to communicate the obligations of the Agreement to your Governing Agency or the WCB’s injured workers. 8.11 In the event that you or your Representatives use any of the WCB's premises, you and your Representatives shall comply with all of such premises' security regulations in effect from time to time. 8.12 You shall cooperate with the WCB so that the WCB can verify that you have complied, and are complying with the provisions of this Article 8.00, including that the WCB's Representatives may access your records, as authorized by The Workers Compensation Act and in accordance with its obligations under FIPPA and PHIA.

Confidentiality and Information Security. 8.01 7.01 You acknowledge that The Freedom of Information and Protection of Privacy Act (“FIPPA"”) and PHIA each impose obligations on the WCB Manitoba Public Insurance to collect, use or disclose "“personal information" ” and "“personal health information"”, as those terms are defined in FIPPA and PHIA (collectively called "“Personal Information"”), in the strictest of confidence, and in accordance with those Acts. In performing the Services under the this Agreement, you acknowledge that you may collect, use, or have access to Personal Information. 8.02 7.02 While the this Agreement is in effect, and at all times thereafter, you agree to treat as confidential all information andmaterials and materials acquired by you, or to which you have been given access, in the course of the performance of the this Agreement (collectively called "“Confidential Information"”), excluding information that is in the public domain (for greater certainty, this does not include information in the public domain which was made public as a result of an unauthorized disclosure by a third party). For the purposes of the this Agreement, Personal Information shall be considered to be Confidential Information. 8.03 7.03 You agree that during the Term of the this Agreement and at all times thereafter: (a) the Personal Information disclosed to you by the WCB Manitoba Public Insurance may only be used by you in a manner expressly permittedby permitted by FIPPA or PHIA (as the case may be); (b) you shall not disclose or permit the disclosure of Confidential Information, or any copies of it, in any format, to any third party without the express prior written consent of the WCBManitoba Public Insurance; (c) you shall comply with all directives given to you by the WCB Manitoba Public Insurance with respect to safeguarding, or otherwise ensuringthe ensuring the confidentiality, of any Confidential Information disclosed to you by the WCBManitoba Public Insurance; (d) you shall ensure that access to the Confidential Information by your Representatives is on a "“need-to-know" ” basis, and that access, when given, shall be to the minimum amount of Confidential Information necessary to accomplish the task; (e) you shall use the Confidential Information only for those purposes that have been expressly permitted by the WCBManitoba Public Insurance; (f) you shall not reproduce Confidential Information, in any format, without the express prior written consent of the WCBManitoba Public Insurance, provided that you shall be able to reasonably reproduce the Confidential Information for internal use onlyin only in the normal performance of the Services; (g) you shall ensure that you and your Representatives do not transport or store any Confidential Information outsideof outside of Canada without the express prior written consent of the WCBManitoba Public Insurance; and, (h) upon termination of the this Agreement, or after the Confidential Information has been used for its authorized purpose,, or where destruction of the Confidential Information is requested by the WCB Manitoba Public Insurance or is required by the this Agreement, you shall destroy the Confidential Information (and all copies of the Confidential Information in any form) in a manner which adequately protects the confidentiality of the Confidential Information, provided that you can retainas retain as many copies of the Confidential Information as required by your Governing Agencies, or by law, and such copies shall be protected in accordance with the requirements of the this Agreement. You shall ensure that the Confidential Information that is destroyed cannot be reconstructed (whether physical or electronic, or any other form). 8.04 7.04 You represent and warrant that you have established an information security management practice that follows industry standards and best practices. During the Term of the this Agreement and at all times thereafter, you shall take reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. The standard of such precautions taken by you shall be the greater of: (a) the standards you have in place to protect your own confidential information; or, (b) the standards imposed on you by the WCBManitoba Public Insurance. 8.05 7.05 You shall immediately notify the WCB Manitoba Public Insurance in writing upon becoming aware of any actual or suspected unauthorized use, disclosure, or destruction of, or any unauthorized access to, Confidential Information (a "“Confidentiality Breach"”). The written notification must include full details of the Confidentiality Breach. You shall immediately take all reasonable steps to prevent the recurrence of any such Confidentiality Breach and shall notify the WCB Manitoba Public Insurance in writing of the steps xxxxx.Xx taken. In the event of a Confidentiality Breach, the WCB Manitoba Public Insurance may do any combination of the following (i) impose increased standardson standards on you related to your treatment of the Confidential Information and you shall comply with such increased standards, and/or (ii) if applicable, limit your access to the WCB's Manitoba Public Insurance’s systems, and/or (iii) enforce or use any other applicable section ofthe of this Agreement. 8.06 7.06 You shall inform your Representatives of the obligations imposed upon you in the this Agreement with respect to Confidential Information, and you shall take whatever steps are necessary to ensure that all of your applicableRepresentatives applicable Representatives comply with those obligations. 8.07 7.07 You acknowledge that monetary damages may not be a sufficient remedy for a Confidentiality Breach, and thatthe WCB that Manitoba Public Insurance may, without waiving any other rights or remedies, seek appropriate injunctive or equitable relief from a court ofcompetent of competent jurisdiction. 8.08 7.08 If you receive a subpoena, or other validly issued administrative or judicial order seeking Confidential Information,, you shall provide prompt notice to the WCB Manitoba Public Insurance and deliver to the WCB Manitoba Public Insurance a copy of your proposed response to the demand. Unless the demand has been time-limited, quashed, quashed or extended, you shall thereafter be entitled to comply with the demand to the extent permitted or required by law. If so requested by the WCBManitoba Public Insurance, you shall cooperate with the WCB Manitoba Public Insurance in the defence of the demand, at the WCBManitoba Public Insurance’s expense. 8.09 Notwithstanding any other part of the Agreement, if you receive a request from an injured worker under PHIA for access to Confidential Information, you shall notify the WCB of such request as well as your decision with respect to therequest, prior to providing the Confidential Information to the injured worker. Under PHIA, you may transfer such request to the WCB and then the WCB shall attempt to complete such request in accordance with PHIA. The WCB will notify youwhen the Confidential Information has been provided to the injured worker. Alternatively, if you decide to respond to the access request and provide a copy of the Confidential Information, you shall notify the WCB of this decision prior to sending the Confidential Information to the injured worker. You will also notify the WCB when the Confidential Informationhas been sent to the injured worker. 8.10 7.09 You undertake not to publish any public statement or advertisement with respect to the this Agreement and further undertake not to seek publicity of the this Agreement without the express prior written consent of the WCBManitoba Public Insurance, except as otherwise required by law, law or by the this Agreement, or to communicate the obligations of the Agreement to your Governing Agency or the WCB’s injured workers. 8.11 7.10 In the event that you or your Representatives use any of the WCB's Manitoba Public Insurance’s premises, you and your Representatives shall comply with all of such premises' ’ security regulations in effect from time to time. 8.12 7.11 You shall cooperate with the WCB Manitoba Public Insurance so that the WCB Manitoba Public Insurance can verify that you have complied, and are complying with the provisions of this Article 8.00, including that the WCB's Representatives may access your records, as authorized by The Workers Compensation Act and in accordance with its obligations under FIPPA and PHIA7.00.

Confidentiality and Information Security. 8.01 You acknowledge (a) Escrow Agent agrees to keep, maintain, secure from others and not to disclose or cause or permit to be disclosed, including but not limited to disclosure to other departments of Escrow Agent or to other companies for solicitation or other commercial purposes, any information in any form concerning the identity of participants, their ownership interests in the Company or the Plan or any financial, account or other personally identifiable information concerning participants (any and all such information is herein referred to as “Participant Information”) that The Freedom may come into the possession of Escrow Agent by reason of this Agreement. Participant Information shall be accessed and used only in connection with Escrow Agent’s performance of its duties set forth in this Agreement and for no other purpose. Escrow Agent shall not share, disclose, provide or permit access to Participant Information to, or allow Participant Information to be shared, disclosed, provided or accessed by, any of its agents, representatives, affiliates, sub-contractors, employees, shareholders, officers or directors (all of the foregoing collectively referred to as “Representatives”), except for those Representatives who are assisting Escrow Agent in performing its duties set forth in this Agreement and to such Representatives solely on an as needed basis. Escrow Agent shall require its Representatives to comply with the restrictions of this Agreement with respect to Participant Information and Protection shall require any third-party Representative to execute a confidentiality agreement containing restrictions no less stringent than those contained in this Section 6 prior to any Participant Information being shared, disclosed, or provided to any third party Representative or any third party Representative being permitted to access Participant Information. Escrow Agent agrees that it will be responsible for any breach of Privacy Act (“FIPPA") this Section 6 by its Representatives. Upon the termination of this Agreement or appointment of a successor escrow agent, the Escrow Agent agrees to transfer and PHIA each impose obligations on deliver all Participant Information to the WCB to collect, use Administrator or disclose "personal information" and "personal health information", as those terms are defined in FIPPA and PHIA (collectively called "Personal Information"), in the strictest of confidence, and successor escrow agent in accordance with those Acts. In performing the Services under the AgreementAdministrator’s instructions and to destroy any reproductions or copies made thereof, you acknowledge that you may collect, use, or have access to Personal Information. 8.02 While the Agreement is in effect, and at all times thereafter, you agree to treat as confidential all information andmaterials acquired by you, or to which you have been given access, in the course regardless of the performance medium in which such copies or reproductions are maintained, provided, however, that Escrow Agent may retain certain copies of documents to satisfy regulatory requirements upon which the confidentiality obligations of this Agreement (collectively called "Confidential Information")shall continue to apply. Escrow Agent may disclose Participant Information as may be required by law or court order, excluding information provided however that Escrow Agent shall provide Company and Administrator reasonable notice of such disclosure and the opportunity to review the disclosure before it is in the public domain (for greater certainty, this does not include information in the public domain which was made public as a result of an unauthorized disclosure by a third party). For the purposes of the Agreement, Personal Information shall be considered and to be Confidential Informationseek any appropriate protective order and/or take any other action. 8.03 You agree that during the Term of the Agreement and at all times thereafter: (a) the Personal Information disclosed to you by the WCB may only be used by you in a manner expressly permittedby FIPPA or PHIA (as the case may be); (b) you Escrow Agent agrees that it has (or shall not disclose implement prior to Company or permit Administrator sharing, disclosing or providing Participant Information to Escrow Agent or permitting Escrow Agent to access Participant Information) and shall maintain throughout the disclosure term of Confidential this Agreement appropriate measures consistent with industry standards designed to ensure the security and confidentiality of Participant Information, to protect against any anticipated threats or any copies hazards to the security or integrity of itParticipant Information, and to protect against unauthorized access to or use of Participant Information that could result in any formatsubstantial harm or inconvenience to Participants, the Company or the Administrator. Company and Administrator shall annually receive written confirmation acceptable to any third party without the express prior written consent of the WCB;Company that Escrow Agent has satisfied its obligations under this Section 6(b). (c) you shall comply Escrow Agent agrees to notify the Administrator immediately in writing in the event a system or area containing Participant Information is compromised or unauthorized access is detected. Such notice may be delayed where a law enforcement agency has determined that notification will interfere with all directives given to you by the WCB with respect to safeguarding, or otherwise ensuringthe confidentiality, of any Confidential Information disclosed to you by the WCB;a criminal investigation. (d) you shall ensure that access to the Confidential Information by your Representatives is on a "need-to-know" basis, and that access, when given, shall be to the minimum amount of Confidential Information necessary to accomplish the task; (e) you shall use the Confidential Information only for those purposes that have been expressly permitted by the WCB; (f) you shall not reproduce Confidential Information, in any format, without the express prior written consent of the WCB, provided that you shall be able to reasonably reproduce the Confidential Information for internal use onlyin the normal performance of the Services; (g) you shall ensure that you and your Representatives do not transport or store any Confidential Information outsideof Canada without the express prior written consent of the WCB; and, (h) upon termination of the Agreement, or after the Confidential Information has been used for its authorized purpose,or where destruction of the Confidential Information is requested by the WCB or is required by the Agreement, you shall destroy the Confidential Information (and all copies of the Confidential Information in any form) in a manner which adequately protects the confidentiality of the Confidential Information, provided that you can retainas many copies of the Confidential Information as required by your Governing Agencies, or by law, and such copies shall be protected in accordance with the requirements of the Agreement. You shall ensure that the Confidential Information that is destroyed cannot be reconstructed (whether physical or electronic, or any other form). 8.04 You represent and warrant that you have established an information security management practice that follows industry standards and best practices. During the Term of the Agreement and at all times thereafter, you shall take reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. The standard of such precautions taken by you shall be the greater of: (a) the standards you have in place to protect your own confidential information; or, (b) the standards obligations imposed on you Escrow Agent by Sections 6(a) and 6(c) of this Agreement shall survive and continue beyond the WCB. 8.05 You shall immediately notify the WCB in writing upon becoming aware term, termination, cancellation or expiration of any actual or suspected unauthorized use, disclosure, or destruction of, or any unauthorized access to, Confidential Information (a "Confidentiality Breach"). The written notification must include full details of the Confidentiality Breach. You shall immediately take all reasonable steps to prevent the recurrence of any such Confidentiality Breach and shall notify the WCB in writing of the steps xxxxx.Xx the event of a Confidentiality Breach, the WCB may do any combination of the following (i) impose increased standardson you related to your treatment of the Confidential Information and you shall comply with such increased standards, and/or (ii) if applicable, limit your access to the WCB's systems, and/or (iii) enforce or use any other applicable section ofthe this Agreement. 8.06 You shall inform your Representatives of the obligations imposed upon you in the Agreement with respect to Confidential Information, and you shall take whatever steps are necessary to ensure that all of your applicableRepresentatives comply with those obligations. 8.07 You acknowledge that monetary damages may not be a sufficient remedy for a Confidentiality Breach, and thatthe WCB may, without waiving any other rights or remedies, seek appropriate injunctive or equitable relief from a court ofcompetent jurisdiction. 8.08 If you receive a subpoena, or other validly issued administrative or judicial order seeking Confidential Information,you shall provide prompt notice to the WCB and deliver to the WCB a copy of your proposed response to the demand. Unless the demand has been time-limited, quashed, or extended, you shall thereafter be entitled to comply with the demand to the extent permitted or required by law. If so requested by the WCB, you shall cooperate with the WCB in the defence of the demand, at the WCB’s expense. 8.09 Notwithstanding any other part of the Agreement, if you receive a request from an injured worker under PHIA for access to Confidential Information, you shall notify the WCB of such request as well as your decision with respect to therequest, prior to providing the Confidential Information to the injured worker. Under PHIA, you may transfer such request to the WCB and then the WCB shall attempt to complete such request in accordance with PHIA. The WCB will notify youwhen the Confidential Information has been provided to the injured worker. Alternatively, if you decide to respond to the access request and provide a copy of the Confidential Information, you shall notify the WCB of this decision prior to sending the Confidential Information to the injured worker. You will also notify the WCB when the Confidential Informationhas been sent to the injured worker. 8.10 You undertake not to publish any public statement or advertisement with respect to the Agreement and further undertake not to seek publicity of the Agreement without the express prior written consent of the WCB, except as otherwise required by law, by the Agreement, or to communicate the obligations of the Agreement to your Governing Agency or the WCB’s injured workers. 8.11 In the event that you or your Representatives use any of the WCB's premises, you and your Representatives shall comply with all of such premises' security regulations in effect from time to time. 8.12 You shall cooperate with the WCB so that the WCB can verify that you have complied, and are complying with the provisions of this Article 8.00, including that the WCB's Representatives may access your records, as authorized by The Workers Compensation Act and in accordance with its obligations under FIPPA and PHIA.

Confidentiality and Information Security. 8.01 You acknowledge 4.01 The MCTRA acknowledges that The Freedom of Information and Protection of Privacy Act (“FIPPA"”) and PHIA The Personal Health Information Act (“PHIA”) each impose obligations on the WCB Manitoba Public Insurance to collect, use or disclose "“personal information" ” and "“personal health information"”, as those terms are defined in FIPPA and PHIA (collectively called "“Personal Information"”), in the strictest of confidence, and in accordance with those Acts. In performing the Services under the Under this Agreement, you acknowledge the MCTRA acknowledges that you the Manitoba Public Insurance may collect, use, or have provide the MCTRA with access to Personal InformationInformation in preparation for or in the course of the Joint Advisory Committee meetings provided for by this Agreement. 8.02 4.02 While the this Agreement is in effect, and at all times thereafter, you the MCTRA agree to treat as confidential all information andmaterials and materials acquired by youthe MCTRA from Manitoba Public Insurance, or to which you the MCTRA have been given accessaccess by Manitoba Public Insurance, in the course of the performance of the this Agreement (collectively called "“Confidential Information"”), excluding information that is in the public domain (for greater certainty, this does not include information in the public domain which was made public as a result of an unauthorized disclosure by a third party). For the purposes of the this Agreement, Personal Information shall be considered to be Confidential Information. 8.03 You agree 4.03 The MCTRA agrees that during the Term of the this Agreement and at all times thereafter: (a) the Personal Information disclosed to you the MCTRA by the WCB Manitoba Public Insurance may only be used by you the MCTRA in a manner expressly permittedby permitted by FIPPA or PHIA (as the case may be); (b) you the MCTRA shall not disclose or permit the disclosure of Confidential Information, or any copies of it, in any format, to any third party without the express prior written consent of the WCBManitoba Public Insurance; (c) you the MCTRA shall comply with all directives given to you the MCTRA by the WCB Manitoba Public Insurance with respect to safeguarding, or otherwise ensuringthe ensuring the confidentiality, of any Confidential Information disclosed to you the MCTRA by the WCBManitoba Public Insurance; (d) you the MCTRA shall ensure that access to the Confidential Information by your the its Representatives is on a "“need-to-know" ” basis, and that access, when given, shall be to the minimum amount of Confidential Information necessary to accomplish the task; (e) you the MCTRA shall use the Confidential Information only for those purposes that have been expressly permitted by the WCBManitoba Public Insurance; (f) you the MCTRA shall not reproduce Confidential Information, in any format, without the express prior written consent of the WCBManitoba Public Insurance, provided that you the MCTRA shall be able to reasonably reproduce the Confidential Information for internal use onlyin only in the normal performance of the Servicesthis Agreement; (g) you the MCTRA shall ensure that you the MCTRA and your its Representatives do not transport or store any Confidential Information outsideof outside of Canada without the express prior written consent of the WCBManitoba Public Insurance; and, (h) upon termination of the this Agreement, or after the Confidential Information has been used for its authorized purpose,, or where destruction of the Confidential Information is requested by the WCB Manitoba Public Insurance or is required by the this Agreement, you the MCTRA shall destroy the Confidential Information (and all copies of the Confidential Information in any form) in a manner which adequately protects the confidentiality of the Confidential Information, provided that you can retainas many copies of the Confidential Information as required by your Governing Agencies, or by law, and such copies shall be protected in accordance with the requirements of the Agreement. You The MCTRA shall ensure that the Confidential Information that is destroyed cannot be reconstructed (whether physical or electronic, or any other form). 8.04 You represent 4.04 The MCTRA represents and warrant warrants that you have the MCTRA has established an information security management practice that follows industry standards and best practices. During the Term of the this Agreement and at all times thereafter, you the MCTRA shall take reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. The standard of such precautions taken by you the MCTRA shall be the greater of: (a) the standards you have the MCTRA has in place to protect your its own confidential information; or, (b) the standards imposed on you the MCTRA by the WCBManitoba Public Insurance. 8.05 You 4.05 The MCTRA shall immediately notify the WCB Manitoba Public Insurance in writing upon becoming aware of any actual or suspected unauthorized use, disclosure, or destruction of, or any unauthorized access to, Confidential Information (a "“Confidentiality Breach"”). The written notification must include full details of the Confidentiality Breach. You The MCTRA shall immediately take all reasonable steps to prevent the recurrence of any such Confidentiality Breach and shall notify the WCB Manitoba Public Insurance in writing of the steps xxxxx.Xx taken. In the event of a Confidentiality Breach, the WCB Manitoba Public Insurance may do any combination of the following (i) impose increased standardson you standards on the MCTRA related to your the MCTRA’s treatment of the Confidential Information and you the MCTRA shall comply with such increased standards, and/or (ii) if applicable, limit your the MCTRA’s access to the WCB's Manitoba Public Insurance’s systems, and/or (iii) enforce or use any other applicable section ofthe of this Agreement. 8.06 You 4.06 The MCTRA shall inform your its Representatives of the obligations imposed upon you the MCTRA in the this Agreement with respect to Confidential Information, and you the MCTRA shall take whatever steps are necessary to ensure that all of your applicableRepresentatives the MCTRA’s applicable Representatives comply with those obligations. 8.07 You acknowledge 4.07 The MCTRA acknowledges that monetary damages may not be a sufficient remedy for a Confidentiality Breach, and thatthe WCB that Manitoba Public Insurance may, without waiving any other rights or remedies, seek appropriate injunctive or equitable relief from a court ofcompetent of competent jurisdiction. 8.08 4.08 If you receive the MCTRA receives a subpoena, or other validly issued administrative or judicial order seeking Confidential Information,you , the MCTRA shall provide prompt notice to the WCB Manitoba Public Insurance and deliver to the WCB Manitoba Public Insurance a copy of your the MCTRA’s proposed response to the demand. Unless the demand has been time-limited, quashed, quashed or extended, you the MCTRA shall thereafter be entitled to comply with the demand to the extent permitted or required by law. If so requested by Manitoba Public Insurance, the WCB, you MCTRA shall cooperate with the WCB Manitoba Public Insurance in the defence of the demand, at the WCBManitoba Public Insurance’s expense. 8.09 Notwithstanding any other part of the Agreement, if you receive a request from an injured worker under PHIA for access to Confidential Information, you shall notify the WCB of such request as well as your decision with respect to therequest, prior to providing the Confidential Information to the injured worker. Under PHIA, you may transfer such request to the WCB and then the WCB shall attempt to complete such request in accordance with PHIA. 4.09 The WCB will notify youwhen the Confidential Information has been provided to the injured worker. Alternatively, if you decide to respond to the access request and provide a copy of the Confidential Information, you shall notify the WCB of this decision prior to sending the Confidential Information to the injured worker. You will also notify the WCB when the Confidential Informationhas been sent to the injured worker. 8.10 You undertake MCTRA undertakes not to publish any public statement or advertisement with respect to the this Agreement and further undertake undertakes not to seek publicity of the this Agreement without the express prior written consent of the WCBManitoba Public Insurance, except as otherwise required by law, law or by the this Agreement, or to communicate the obligations of the Agreement to your Governing Agency or the WCB’s injured workers. 8.11 In the event that you or your Representatives use any of the WCB's premises, you and your Representatives shall comply with all of such premises' security regulations in effect from time to time. 8.12 You 4.10 The MCTRA shall cooperate with the WCB Manitoba Public Insurance so that the WCB Manitoba Public Insurance can verify that you have the MCTRA has complied, and are is complying with the provisions of this Article 8.00, including that the WCB's Representatives may access your records, as authorized by The Workers Compensation Act and in accordance with its obligations under FIPPA and PHIA4.00.

Confidentiality and Information Security. 8.01 You acknowledge 4.01 The MPA acknowledges that The Freedom of Information and Protection of Privacy Act (“FIPPA"”) and PHIA The Personal Health Information Act (“PHIA”) each impose obligations on the WCB Manitoba Public Insurance to collect, use or disclose "“personal information" ” and "“personal health information"”, as those terms are defined in FIPPA and PHIA (collectively called "“Personal Information"”), in the strictest of confidence, and in accordance with those Acts. In performing the Services under the Under this Agreement, you acknowledge the MPA acknowledges that you the Manitoba Public Insurance may collect, use, or have provide the MPA with access to Personal InformationInformation in preparation for or in the course of the Joint Advisory Committee meetings provided for by this Agreement. 8.02 4.02 While the this Agreement is in effect, and at all times thereafter, you the MPA agree to treat as confidential all information andmaterials and materials acquired by youthe MPA from Manitoba Public Insurance, or to which you the MPA have been given accessaccess by Manitoba Public Insurance, in the course of the performance of the this Agreement (collectively called "“Confidential Information"”), excluding information that is in the public domain (for greater certainty, this does not include information in the public domain which was made public as a result of an unauthorized disclosure by a third party). For the purposes of the this Agreement, Personal Information shall be considered to be Confidential Information. 8.03 You agree 4.03 The MPA agrees that during the Term of the this Agreement and at all times thereafter: (a) the Personal Information disclosed to you the MPA by the WCB Manitoba Public Insurance may only be used by you the MPA in a manner expressly permittedby permitted by FIPPA or PHIA (as the case may be); (b) you the MPA shall not disclose or permit the disclosure of Confidential Information, or any copies of it, in any format, to any third party without the express prior written consent of the WCBManitoba Public Insurance; (c) you the MPA shall comply with all directives given to you the MPA by the WCB Manitoba Public Insurance with respect to safeguarding, or otherwise ensuringthe ensuring the confidentiality, of any Confidential Information disclosed to you the MPA by the WCBManitoba Public Insurance; (d) you the MPA shall ensure that access to the Confidential Information by your the its Representatives is on a "“need-to-know" ” basis, and that access, when given, shall be to the minimum amount of Confidential Information necessary to accomplish the task; (e) you the MPA shall use the Confidential Information only for those purposes that have been expressly permitted by the WCBManitoba Public Insurance; (f) you the MPA shall not reproduce Confidential Information, in any format, without the express prior written consent of the WCBManitoba Public Insurance, provided that you the MPA shall be able to reasonably reproduce the Confidential Information for internal use onlyin only in the normal performance of the Servicesthis Agreement; (g) you the MPA shall ensure that you the MPA and your its Representatives do not transport or store any Confidential Information outsideof outside of Canada without the express prior written consent of the WCBManitoba Public Insurance; and, (h) upon termination of the this Agreement, or after the Confidential Information has been used for its authorized purpose,, or where destruction of the Confidential Information is requested by the WCB Manitoba Public Insurance or is required by the this Agreement, you the MPA shall destroy the Confidential Information (and all copies of the Confidential Information in any form) in a manner which adequately protects the confidentiality of the Confidential Information, provided that you can retainas many copies of the Confidential Information as required by your Governing Agencies, or by law, and such copies shall be protected in accordance with the requirements of the Agreement. You The MPA shall ensure that the Confidential Information that is destroyed cannot be reconstructed (whether physical or electronic, or any other form). 8.04 You represent 4.04 The MPA represents and warrant warrants that you have the MPA has established an information security management practice that follows industry standards and best practices. During the Term of the this Agreement and at all times thereafter, you the MPA shall take reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. The standard of such precautions taken by you the MPA shall be the greater of: (a) the standards you have the MPA has in place to protect your its own confidential information; or, (b) the standards imposed on you the MPA by the WCBManitoba Public Insurance. 8.05 You 4.05 The MPA shall immediately notify the WCB Manitoba Public Insurance in writing upon becoming aware of any actual or suspected unauthorized use, disclosure, or destruction of, or any unauthorized access to, Confidential Information (a "“Confidentiality Breach"”). The written notification must include full details of the Confidentiality Breach. You The MPA shall immediately take all reasonable steps to prevent the recurrence of any such Confidentiality Breach and shall notify the WCB Manitoba Public Insurance in writing of the steps xxxxx.Xx taken. In the event of a Confidentiality Breach, the WCB Manitoba Public Insurance may do any combination of the following (i) impose increased standardson you standards on the MPA related to your the MPA’s treatment of the Confidential Information and you the MPA shall comply with such increased standards, and/or (ii) if applicable, limit your the MPA’s access to the WCB's Manitoba Public Insurance’s systems, and/or (iii) enforce or use any other applicable section ofthe of this Agreement. 8.06 You 4.06 The MPA shall inform your its Representatives of the obligations imposed upon you the MPA in the this Agreement with respect to Confidential Information, and you the MPA shall take whatever steps are necessary to ensure that all of your applicableRepresentatives the MPA’s applicable Representatives comply with those obligations. 8.07 You acknowledge 4.07 The MPA acknowledges that monetary damages may not be a sufficient remedy for a Confidentiality Breach, and thatthe WCB that Manitoba Public Insurance may, without waiving any other rights or remedies, seek appropriate injunctive or equitable relief from a court ofcompetent of competent jurisdiction. 8.08 4.08 If you receive the MPA receives a subpoena, or other validly issued administrative or judicial order seeking Confidential Information,you , the MPA shall provide prompt notice to the WCB Manitoba Public Insurance and deliver to the WCB Manitoba Public Insurance a copy of your the MPA’s proposed response to the demand. Unless the demand has been time-limited, quashed, quashed or extended, you the MPA shall thereafter be entitled to comply with the demand to the extent permitted or required by law. If so requested by Manitoba Public Insurance, the WCB, you MPA shall cooperate with the WCB Manitoba Public Insurance in the defence of the demand, at the WCBManitoba Public Insurance’s expense. 8.09 Notwithstanding any other part of the Agreement, if you receive a request from an injured worker under PHIA for access to Confidential Information, you shall notify the WCB of such request as well as your decision with respect to therequest, prior to providing the Confidential Information to the injured worker. Under PHIA, you may transfer such request to the WCB and then the WCB shall attempt to complete such request in accordance with PHIA. 4.09 The WCB will notify youwhen the Confidential Information has been provided to the injured worker. Alternatively, if you decide to respond to the access request and provide a copy of the Confidential Information, you shall notify the WCB of this decision prior to sending the Confidential Information to the injured worker. You will also notify the WCB when the Confidential Informationhas been sent to the injured worker. 8.10 You undertake MPA undertakes not to publish any public statement or advertisement with respect to the this Agreement and further undertake undertakes not to seek publicity of the this Agreement without the express prior written consent of the WCBManitoba Public Insurance, except as otherwise required by law, by the this Agreement, or to communicate the obligations of the this Agreement to your Governing Agency or the WCB’s injured workersphysiotherapists and claimants. 8.11 In the event that you or your Representatives use any of the WCB's premises, you and your Representatives shall comply with all of such premises' security regulations in effect from time to time. 8.12 You 4.10 The MPA shall cooperate with the WCB Manitoba Public Insurance so that the WCB Manitoba Public Insurance can verify that you have the MPA has complied, and are is complying with the provisions of this Article 8.00, including that the WCB's Representatives may access your records, as authorized by The Workers Compensation Act and in accordance with its obligations under FIPPA and PHIA4.00.