Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 6 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of (a) The Manager, the Fund, the Manager agrees that it will not and their agents and advisors, may collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”)) that is provided by the Subscriber under this Agreement or otherwise in connection with an investment by the Subscriber in Units and any information necessary to comply with laws or the by-laws, rules, regulations or policies of any regulatory authority. The Manager agrees that it Such persons will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described belowin Section 3.4(b), unless: unless (ai) the Manager Fund informs the Subscriber of a proposed use or disclosure of the Subscriber Information, Information and the Subscriber consents; or (bii) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing authority (including any applicable tax, securities, money laundering or anti-terrorism legislation, rules or regulations) or to meet self-regulatory, security or audit requirements.
(b) By signing this Agreement, the Subscriber agrees that the Manager, the Fund. The Subscriber acknowledges , and consents to the fact the Manager their agents and the Fund are collecting advisors, may collect, use and disclose the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing following purposes: (i) to provide the Subscriber with ongoing services information; (ii) as described in Section 3.2(n) and Section 3.2(t); and (iii) to otherwise administering administer the Subscriber’s investment in the Fund. Fund or as may be required by law, or by the by-laws, rules, regulations or policies of any regulatory authority.
(c) By executing signing this Subscription Agreement, the Subscriber acknowledges and consents to agrees that the Manager and the Fund retaining the Subscriber Information Offering Memorandum is a confidential document that is being provided for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement informational use solely in connection with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges purchase of Units and that the Manager and use of the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the SubscriberOffering Memorandum for any other purpose is not authorised. The Subscriber acknowledges and agrees that hethe Offering Memorandum may not be copied or reproduced in whole or in part nor may it be distributed or any of its contents disclosed to anyone, she or it has been notified by without obtaining the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number prior written consent of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationManager.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to the Canadian regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant Canadian securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable Canadian securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required asrequired by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00Inquiries Officer, 00 Xxxxx Xxxxxx Xxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Confidentiality and Privacy. By accepting 10.1 Safeguarding customer’s privacy and confidentiality is of paramount importance to Republic Bank. The Customer understands that while Republic Bank will use its best endeavours to ensure that all information transmitted or received using the Subscription Agreement on behalf Electronic Banking Services is secure and cannot be accessed by unauthorized third parties, Republic Bank does not warrant the security of any information transmitted by the Customer using the Electronic Banking Services. Accordingly, the Customer agrees to accept any risk that any information transmitted or received using the Electronic Banking Services may be accessed by unauthorized third parties and the Customer agrees not to hold Republic Bank liable for any such unauthorized access or any loss or damage suffered as a result. The Customer agrees that Republic Bank protects all of Customer Information but there are instances where Republic Bank will need to provide Customer information to third parties and Republic Bank requires the Customer consent in order to do so. The use of the FundCustomer’s information is governed by Republic Bank’s General Privacy Principles together with the terms of this Agreement. In addition to the General Privacy Principles, The Customer hereby consent to the Manager agrees that it will not collect any collection, use, disclosure, transfer and sharing Republic Bank (including its parent, subsidiaries, related entities or affiliates or their respective successors and assigns) (the “Bank Group”) of information about the Subscriber except that which is provided by Customer collected during the Subscriber course of your relationship with Republic Bank with any member or members of the Bank Group, in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”)whichever country such member conducts business. The Manager agrees that it will keep all Subscriber Information confidentialCustomer also consent to Republic Bank collecting, using, disclosing, transferring and will use and disclose the Subscriber Information only for the purposes described below, unlesssharing information about you with any domestic or foreign: (a) the Manager informs the Subscriber of a proposed use governmental, regulatory (including bank regulators), tax, judicial, law enforcement, administrative or disclosure of the Subscriber Informationself- regulatory authorities, and the Subscriber consents; agencies or departments (b) the use financial institutions (including correspondent or disclosure is permitted by law intermediary banks) (c) entities providing outsourcing services to be made without the consent of the SubscriberRepublic Bank (d) credit bureaus or similar reporting agencies, or is required by law(e) authorities, agencies, departments or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for other parties as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may reasonably be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of (i) identifying you or anyone acting on your behalf; (ii) qualifying and providing you with products and services; (iii) processing your transactions; (iv) verifying Information you may provide; (v) managing Republic Bank’s or the administration Bank Group’s business; (vi) protecting you, Republic Bank or the Bank Group from error and enforcement ofillegal activity; (vii) facilitating domestic or foreign tax, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 regulatory or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.other reporting;
Appears in 2 contracts
Samples: Electronic Banking Services Agreement, Electronic Banking Services Agreement
Confidentiality and Privacy. By accepting (a) Neither the Subscription Depository Institution nor Broker will disclose the terms of this Agreement on behalf to any person except Approved Brokers, Customers and examiners of state, federal or securities self-regulatory organizations having jurisdiction over Depository Institution or Broker, or as otherwise required of the FundDepository Institution or Broker by applicable laws or regulations. Broker and the Depository Institution acknowledge that all information disclosed by the Depository Institution to Broker and all information disclosed by Broker to the Depository Institution in connection with this Agreement and designated by Broker or the Depository Institution, as the Manager case may be, as confidential (“Confidential Information”) shall be treated as set forth in this Section 18 and that any information sharing between the Depository Institution and Broker shall comply with all applicable federal and state privacy laws, including, but not limited to, 17 C.F.R. Part 248 (2003) and 12 C.F.R. Part 573 (2003). Any Confidential Information received by Broker or the Depository Institution shall be used by Broker or the Depository Institution, as the case may be, solely for purposes of this Agreement and shall not be published, disseminated or disclosed in any manner to any person; provided, however, that Broker and the Depository Institution (i) may, subject to (b) hereof, disclose any Confidential Information pursuant to a request by any governmental or regulatory agency or securities self-regulatory organization having jurisdiction over Broker or the Depository Institution, as the case may be, pursuant to a request or order under applicable laws or regulations, or pursuant to subpoena or other legal process, or where otherwise required by law, and
(ii) shall have the right to disclose any Confidential Information to regulatory examiners, its affiliates, auditors, and counsel in connection with the transactions contemplated hereby. Except with respect to the Customer information herein defined as Confidential Information, (A) the foregoing obligation of confidentiality shall not relate to any such Confidential Information that was known to Broker or the Depository Institution, as the case may be, prior to the time it received such Confidential Information from the other pursuant to this Agreement, and (B) the foregoing obligation of confidentiality shall not apply to any such Confidential Information that becomes a part of the public domain, or when identical or substantially similar information is received by Broker or the Depository Institution, as the case may be, without restriction as to its disclosure. Broker also acknowledges that the Depository Institution has a responsibility to its customers to keep Customers’ records confidential. Except as provided in Section 5 hereof, Broker shall treat as Confidential Information (1) the name, address and taxpayer identification number of any Customer, (2) the status, nature and existence of the deposit relationship established in accordance with the terms of this Agreement, (3) any other information concerning the Customers’ records of the Depository Institution designated by the Depository Institution as Confidential Information; and (4) any information covered by applicable federal or state privacy law, including, but not limited to, 17 C.F.R. Part 248 (2003) and 12 C.F.R. Part 573 (2003). The Depository Institution also acknowledges that Broker, as a broker-dealer, has a responsibility to Customers to keep Customers’ records confidential. The Depository Institution shall treat as Confidential Information any information concerning any Customer designated as such by Broker.
(b) In the event a subpoena or other legal process concerning Confidential Information disclosed by the Depository Institution to Broker or Broker to the Depository Institution is served upon Broker or the Depository Institution, as the case may be, Broker or the Depository Institution, as the case may be, agrees that it will not collect notify the other immediately upon receipt of such subpoena or other legal process and will reasonably cooperate with the other in any information about the Subscriber except that which is provided lawful effort by the Subscriber in this Subscription Agreement or subsequently provided by other to contest the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) legal validity of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 subpoena or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationother legal process.
Appears in 1 contract
Samples: Brokerage and Servicing Agreement (E Trade Financial Corp)
Confidentiality and Privacy. By accepting the Subscription Agreement 7.1. CEDot may wish to obtain publicity for work undertaken on behalf of its clients, including the FundClient. Permission to attribute work for the Client publicly will always be obtained in advance. Notwithstanding this condition, CEDot assumes the right to use references to the work undertaken for the Client in proposals or other similar submissions made to other prospective clients, unless the Client expressly prohibits or limits such disclosure.
7.2. Unless otherwise agreed, CEDot is authorised by the Client to speak to, or meet with, any other person whom it may need to contact to perform the Engagement or who the Client requests CEDot to contact.
7.3. Other than as required by any law, Court or arbitration proceedings, regulations (including those made under the Corporations Act) or professional duty and as is requested by regulatory authorities or is necessary to protect its own legitimate interests, CEDot shall not disclose any confidential information relating to the Client which it obtains during the course of the Engagement to any other person (except its own advisors) without the Client s prior consent.
7.4. In carrying out the Engagement, the Manager agrees Client acknowledges that it will not collect any may be necessary for CEDot to obtain from the Client’s records personal and sensitive information (including health information) (the Information) about employees customers or policyholders of the Subscriber except Client or of other persons CEDot with the Client’s business. The Client acknowledges that which is provided necessity and declares that it has obtained from the relevant persons concerned authorisations required by the Subscriber in this Subscription Agreement or subsequently provided relevant Privacy Act for the collection, disclosure, storage and use of Information by the Subscriber (Client and CEDot for the “Subscriber Information”)Engagement. The Manager agrees Client states that it has made, or will keep all Subscriber make, those persons aware that CEDot has the Information confidentialand the reasons for its collection and possible disclosure to Government other bodies, CEDot or other persons in carrying out the Engagement. This authority is given on the understanding that CEDot will only deal with the Information in accordance with its Privacy Policy and will use and disclose the Subscriber Information only for the purposes described belowPrivacy Act, unless: if applicable. If such a request is made:
(a) CEDot will endeavour to give effect to such a request, however CEDot will not be liable in respect of any claim, loss, expense or damage if CEDot determines that it cannot comply with the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Informationrequest, and the Subscriber consents; or and
(b) The Client agrees to reimburse CEDot for any expenses incurred by CEDot in complying with any request made under this clause 7.4 and the use Client will pay to CEDot any reasonable fee charged by CEDot in complying with such a request.
7.5. This clause 7 will survive the termination or disclosure is permitted by law to be made without the consent expiry of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents this Agreement to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance extent allowable at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationlaw.
Appears in 1 contract
Samples: Engagement Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement x. Xxxxx Triglone may wish to obtain publicity for work undertaken on behalf of its clients. Permission to attribute work for the FundClient publicly will always be obtained in advance. Notwithstanding this condition, the Manager agrees Client authorises Xxxxx Triglone to use references to the Client’s name and describe the services that we have provided or are providing to the Client in proposals or other similar submissions made to other prospective clients, to market and profile our firm, unless the Client expressly prohibits such disclosure.
b. Unless otherwise agreed, Xxxxx Xxxxxxxx is authorised by the Client to communicate or meet with any other person whom it may need to contact to perform the Services or who the Client requests Xxxxx Triglone to contact.
c. Without the Client’s consent, the persons from Xxxxx Triglone referred to in the Engagement Letter will not carry out any work on behalf of any other client relating to the subject matter of the Engagement Letter, nor disclose to any other individuals within Xxxxx Triglone engaged on work for any other client relating to the subject matter of the Engagement Letter any confidential information.
d. The Client acknowledges and accepts that Xxxxx Triglone may be required or that it will not collect any may be appropriate for Xxxxx Triglone, as required by law in Australia or other appropriate jurisdictions, to disclose information about and/or documents relating to the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, Client and the Subscriber consents; Services to regulatory or (b) the use statutory authorities as required.
e. Save as set out above or disclosure is permitted by law to be made without the consent of the Subscriber, or is as required by law, Court or arbitration proceedings, regulations, including those made under the Corporations Act, professional duty, or as is requested by regulatory authorities, or as is necessary to protect its own legitimate interests, Xxxxx Triglone will not disclose to any other person (except its own advisors) any confidential information relating to the by-lawsClient which it obtains during the course of this Agreement, rulessubject of course to the necessity to disclose information in any public report.
x. Xxxxx Triglone will ensure that control over all confidential information is strictly monitored with access to such information being restricted to members of the engagement team. All personal information will be dealt with as prescribed by our Privacy Policy, regulations which is compliant with the Privacy Amendment (Private Sector) Act 2000.
g. In carrying out the Services it may be necessary for Xxxxx Triglone to obtain from the Client’s records personal and sensitive information about employees of the client or policies of any regulatory organization governing other persons connected with the FundClient’s business. The Subscriber Client acknowledges that necessity and consents declares that it is authorised to the fact the Manager release that information to Xxxxx Xxxxxxxx and otherwise authorises for itself and the Fund are collecting persons, Xxxxx Triglone to collect and retrieve that information. The Client states that it has, or will make those persons aware that Xxxxx Triglone has this information and the Subscriber Information reasons for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, its collection and possible disclosure to Government or other body in providing the Subscriber Services. This authority is given on the understanding that Xxxxx Triglone will only deal with ongoing services and otherwise administering the Subscriber’s investment that information in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager accordance with its Privacy Policy and the Fund retaining National Privacy Principals under the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to Privacy Act (Cth).
h. Under the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In additionPrivacy Act, the Subscriber acknowledges that the Manager and the Fund are Xxxxx Triglone is required to file a report of trade with all applicable securities regulatory authorities containing personal advise the Client that it collects information about the SubscriberClient to assist it in performing and promoting the Services. Xxxxx Triglone will not disclose information about the Client to any person except in the course of providing the Services or for the ordinary administration of Xxxxx Triglone’s business. The Subscriber acknowledges that he, she or it has been notified Client can request access to information held by Xxxxx Xxxxxxxx about the Manager or the Fund: (a) of such delivery of Client by making a report of trade from time written request to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationTriglone.
Appears in 1 contract
Samples: Standard Terms and Conditions
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the FundAgreement, the Manager Company agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this the Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager Company also agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: :
(a) the Manager Company informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or or
(b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of or any regulatory organization governing the FundCompany. The By signing the Subscription Agreement, the Subscriber acknowledges agrees that the Company may collect and consents to the fact the Manager and the Fund are collecting use the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing following purposes:
(a) to provide the Subscriber with ongoing services information about the Company;
(b) to deliver to regulatory authorities any personal information provided by the Subscriber respecting itself (and any beneficial purchaser) including such Subscriber’s (or beneficial purchaser’s) full name, residential address and telephone number, the amount of Subscribed Shares purchased, the Subscription Price, the exemption relied on by the Subscriber and the date of distribution, such information being collected indirectly by regulatory authorities under the authority granted to in applicable securities laws for the purposes of the administration and enforcement of applicable securities laws and pursuant to the indirect collection of such information by regulatory authorities; and
(c) to otherwise administering administer the Subscriber’s investment in the Fund. By executing Company in accordance with the terms of this Subscription Agreement. The Subscriber (on its own behalf and on behalf of each beneficial purchaser, if any, for whom the Subscriber is acting as trustee or agent) acknowledges and consents to the Manager and the Fund Company retaining the Subscriber Information personal information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges represents and consents to warrants that it has the fact the Manager and the Fund may be required by applicable securities laws authority to provide to regulatory authorities any Subscriber Information provided by the consents and acknowledgements set out in this paragraph on behalf of all beneficial purchasers for whom the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she is acting as trustee or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationagent.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000Suite 1903, Xxx Box 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationsecuritieslegislation.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting (a) Referral Partner acknowledges that the Subscription Agreement on behalf Confidential Information of GapMaps is valuable. Referral Partner undertakes to keep the Confidential Information of GapMaps secret and to protect and preserve the confidential nature and secrecy of the FundConfidential Information of GapMaps.
(b) Referral Partner may only use Confidential Information as it is permitted to do so under this Agreement. Referral Partner may disclose Confidential Information only to its Personnel who:
(i) have a need to know the Confidential Information (and only to the extent that each has a need to know); and
(ii) have agreed in writing with Referral Partner to keep all Confidential Information confidential on the terms at least equal to the provisions of this clause.
(c) If Referral Partner or any of its Personnel are required by law to disclose any Confidential Information to a third person (including, but not limited to, any regulatory authorities) Referral Partner must:
(i) before doing so, notify GapMaps; and
(ii) not do so until GapMaps has had a reasonable opportunity to take any steps that GapMaps considers necessary to protect the Manager confidentiality of that Confidential Information.
(d) The obligations of confidentiality under this Agreement do not extend to information that (whether before or after this Agreement is executed):
(i) is rightfully known to or in the possession or control of Referral Partner and not subject to an obligation of confidentiality on Referral Partner;
(ii) is public knowledge (otherwise than as a result of a breach of any agreement with GapMaps); or
(iii) Referral Partner is required by law to disclose.
(e) GapMaps may collect, use and transfer personal information regarding Referral Partner and its users in connection with the Referral Partner's participation in the GapMaps Program. For further details regarding how GapMaps processes personal information please see its Privacy Policy. If Referral Partner provides any contact details as part of its application for the GapMaps Program, Referral Partner agrees that it will not collect any information about the Subscriber except that which is provided consents to being contacted by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber GapMaps.
(the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (af) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies Referral Partner must notify GapMaps of any regulatory organization governing the Fund. The Subscriber acknowledges complaint it receives regarding any security or actual or potential privacy breaches within twenty-four (24) hours of receiving such complaint.
(g) Obligations related to confidentiality and consents to the fact the Manager privacy shall survive termination and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing expiry of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 1 contract
Samples: Referral Agreement
Confidentiality and Privacy. By accepting A. The Company acknowledges that Reinsurers are insurance companies which, pursuant to this Contract, will reinsure certain risks of Company. To that end, Company will provide certain information concerning the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber risks in this Subscription Agreement or subsequently provided by the Subscriber an amount and detail sufficient for Reinsurers to provide reinsurance coverage (the “Subscriber Cession Information”). The Manager Company covenants and agrees that it such Cession Information will form a part of Reinsurers’ records which Reinsurers’ must maintain in accordance with the relevant insurance regulations. 19\AQUA1007Page 9 AONEmpower Results®
B. The Reinsurers acknowledge that in the course of their engagement by Company, Reinsurers may receive or have access to confidential and proprietary information of Company or third parties with whom Company conducts business. Such information is defined below and collectively referred to as “Confidential Information.” In recognition of the foregoing, Reinsurers covenant and agree that they:
1. Will keep and maintain all Subscriber Confidential Information confidentialin strict confidence, using such degree of care as is appropriate to avoid unauthorized use or disclosure;
2. Will use and disclose Confidential Information solely for the purposes for which such information, or access to it, is provided pursuant to the terms of this Contract, and will not use and or disclose the Subscriber Information only such information for Reinsurers’ own purposes or for the purposes described belowbenefit of anyone other than Company, unless: except as required by applicable law;
3. Will not, directly or indirectly, disclose Confidential Information to anyone outside Reinsurer, except as noted herein or with Company’s prior written consent as permitted under the terms of this Contract; and
4. Shall, upon the earlier of (ai) the Manager informs the Subscriber completion of a proposed use an engagement or disclosure termination of the Subscriber this Contract, or (ii) determination that Reinsurers have no need for Confidential Information, and the Subscriber consents; or (biii) the use at any time Company requests in writing, dispose of all records, electronic or disclosure is permitted otherwise (except for archival and backup copies and business records required by law to be made retained or materials required in connection with arbitration, or with ongoing claims or disputes related to this Contract; provided, however, that all such retained Confidential Information shall remain subject to the confidentiality obligations hereunder) regarding or including any Confidential Information that Reinsurers may then possess or control. Disposal may be achieved, at Company’s option, through prompt delivery of the records to Company or destruction pursuant to Reinsurers’ written policy governing such destruction and in a manner that renders the records unreadable and undecipherable by any means. Upon any occurrence of (i) or (ii), or (iii) above, Reinsurers shall promptly certify in writing to Company, in a form reasonably acceptable to Company and executed by an authorized officer of Reinsurers, that all such Confidential Information has been destroyed or returned.
C. Reinsurers shall be permitted to disclose Confidential Information only to their employees, employees of affiliates, officers, directors, lawyers, accountants, retrocessionaires or auditors and subcontractors (individually an “Employee” and collectively, “Employees”) having a need to know such information in connection with the performance under this Contract. Reinsurers shall instruct all Employees as to their obligations under this Contract. Reinsurers shall be responsible for all Employees’ compliance with the terms of this Contract. If Reinsurers are required by law to disclose Confidential Information, Reinsurers shall, unless prohibited by law, promptly notify Company in writing in advance of such disclosure, and provide Company with copies of any related information so that Company may take appropriate action to protect the Confidential Information. 19\AQUA1007Page 10 AONEmpower Results® D. Confidential Information includes all business and other proprietary information of Company, written or oral, including without limitation the following:
1. Information relating to planned or existing businesses or business initiatives; organizational restructuring plans; and actual and projected sales, profits and other financial information;
2. Information relating to technology, such as computer systems and systems architecture, including, but not limited to, computer hardware, computer software, source code, object code, documentation, methods of processing and operational methods;
3. Information that describes insurance, annuities and financial services products and strategies, including, but not limited to, actuarial calculations, product designs, product administration and management; tax interpretations, tax positions and treatment of any item for tax purposes;
4. Confidential information, software and material of third parties with whom Company conducts business;
5. Information about Company employees and personnel;
6. Company’s policies, procedures and standards, including, without limitation, Company’s privacy and/or security policies, rules and practices, as Company may issue, amend, update, revise or otherwise make available to Reinsurers from time to time (collectively, “Company Policies”); and
7. Personal Identifiable Information" which shall be defined as this term or a similar term is defined in any applicable state, provincial, territory, or federal law, and shall also include any information provided by or at the direction of Company, or to which access was provided in the course of Reinsurers' performance of the Contract that
(i) identifies an individual (by name, signature, address, telephone number or other unique identifier), or (ii) that can be used to authenticate that individual (including, without limitation, passwords or personal identification numbers, biometric data, unique identification numbers, answers to security questions, or other personal identifiers). Further, "Personal Identifiable Information" shall include, any financial, medical, or health-related information of an individual, including but not limited to the following: account numbers; debit and credit card numbers; policy and claim information; security codes, access codes; medical records; driver's license, passport, social security and other government-issued identification numbers (even in isolation); and names or lists of names derived from any of the above information or disclosure of such information). Company business contact information is not by itself Personal Identifiable Information. Any disclosure of Personal Identifiable Information shall comply with all applicable international, state and federal statutes and regulations governing the processing and/or disclosure of Personal Identifiable Information. Disclosing or processing this information for any purpose not authorized by applicable law is expressly forbidden without the prior consent of the SubscriberCompany.
E. Notwithstanding the foregoing, or Confidential Information does not include information that
(i) is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is lawfully made available to the general public, (ii) is or becomes generally known to the public not as a result of a disclosure by Xxxxxxxxxx, (iii) is rightfully in the possession of 19\AQUA1007Page 11 AONEmpower Results® Reinsurers prior to disclosure by Company, (iv) is received by Reinsurers in good faith and without restriction from a third party not under a confidentiality obligation to Company and having the right to make such disclosure, (v) is developed by Reinsurers independently of any Confidential Information; or (vi) was approved for disclosure by written permission of Company. The foregoing exceptions do not apply to the disclosure of Personal Identifiable Information, which shall not be disclosed without Company's prior written consent unless required by law.
F. Notwithstanding any other provision of this Contract, the Reinsurers acknowledge that the disclosure of Confidential Information may cause irreparable injury to Company and damages, which may be difficult to ascertain. Therefore, Company shall, upon a disclosure or threatened disclosure of any Confidential Information, be entitled to injunctive relief, and Reinsurers shall not object to the entry of an injunction or other equitable relief against Reinsurers on the basis of an adequate remedy at law, lack of irreparable harm or any other reason.
G. The Reinsurers shall notify Company, promptly and without unreasonable delay, and in compliance with laws and regulations, but in no event more than two (2) business days of learning that unauthorized access to, disclosure of, or breach in the security of Confidential Information may have occurred or been attempted (a “Security Incident”). Thereafter, Reinsurer shall, at its own cost and expense:
1. Promptly furnish to Company full details of the Security Incident;
2. Reasonably assist and cooperate fully with Company in Company’s investigation of Reinsurers, Employees or third parties related to the Security Incident, including but not limited to providing Company with physical access to the facilities and operations affected, facilitating interviews with Employees and others involved in the matter, and making available all relevant records, logs, files, and data;
3. Reasonably cooperate with Company in any litigation or other formal action against third parties deemed necessary by Company to protect its rights; and
4. Promptly use its best efforts to prevent a recurrence of any such Security Incident; and
5. Indemnify the Company for any and all losses, claims, fines, and expenses, including but not limited to attorneys' fees and costs and credit monitoring expenses, incurred by the Company as a result of that Xxxxxxxxx's breach of this Article.
H. In addition to the foregoing, Reinsurers agree that in the event of a Security Incident, Company shall have the sole right to determine (i) whether notice is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, or others as required by law or regulation, or in Company’s discretion; and (ii) the contents of such notice, whether any type of reasonable remediation may be offered to affected persons, and the nature and extent of any such remediation. Any such notice or reasonable remediation shall be at Reinsurers’ sole cost and expense.
I. Reinsurers certify that their treatment of Personal Information is in compliance with applicable securities legislation.laws and/or regulations with respect to privacy and data security and that they have implemented and currently maintain an effective information security program that includes administrative, technical, and physical safeguards to (i) ensure the security 19\AQUA1007Page 12 AONEmpower Results® and confidentiality of Personal Information; (ii) to protect against any anticipated threats or hazards to the security or integrity of such Personal Information; and
Appears in 1 contract
Samples: Reinsurance Contract (Prudential Variable Contract Account Gi-2)
Confidentiality and Privacy. By accepting 21.1 Each party may provide the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber other party with Confidential Information (the “Subscriber provider being the ‘Discloser’ and the receiver being the ‘Recipient’ in relation to that Confidential Information”). .
21.2 The Manager agrees Recipient must and must ensure that it will keep all Subscriber Information confidentialits Affiliates and their respective employees, agents and will advisers:
(a) use and disclose the Subscriber Confidential Information only for the purposes described belowof this contract, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or for product development;
(b) keep the use or disclosure is permitted by law Confidential Information in such a way as to be made without ensure that it remains confidential; and
(c) disclose the consent of Confidential Information only:
(i) to its employees who need the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information information for the purpose of completing the Subscriber’s subscription(s)this contract, effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents who are instructed to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number maintain confidentiality of the Subscriber, Confidential Information and to only use the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected Confidential Information for the purposes of this contract;
(ii) to its Affiliates, agents and advisers who need the administration information for the purpose of this contract, and enforcement ofwho commit in writing to comply with the terms of this clause 21; or
(iii) as required by Law, a court order or an applicable stock exchange rule.
21.3 If the Recipient is required to make a disclosure under clause 21.2(c)(iii), the securities legislation Recipient must, prior to making that disclosure and to the extent permitted by Law:
(a) provide the Discloser prompt written notice to permit the Discloser to seek an appropriate protective order; and
(b) make such lawful revisions to the Confidential Information to minimise the loss of its proprietary value.
21.4 The Recipient must, upon the Discloser’s request and in Ontario; and (c) relation to Confidential Information that the Subscriber may contact Recipient no longer has any need for that information in connection with this contract:
(a) return all originals, copies and summaries of the Administrative Assistant Discloser’s Confidential Information then in the Recipient’s possession or control; or
(b) certify destruction of those documents.
21.5 Nothing in this clause 21 grants the Recipient any license to any Intellectual Property owned or controlled by the Discloser. Confidential Information of each party remains, as between the parties, the property of the Provider and this contract does not give the Recipient any right, title or interest in the Confidential Information.
21.6 Provider and Customer shall comply with all applicable Laws in relation to any Personal Data provided to the Director other, including by providing notices to or obtaining consents from the subject of Corporate Finance at Xxxxx 0000that Personal Data as required. Customer consents to Provider and its Affiliates processing Personal Data provided to it by Customer to establish its debtor database, Xxx 00and for factoring purposes.
21.7 Neither party may make any press or other announcements relating to this contract without the prior written approval of the other party, 00 Xxxxx Xxxxxx Xxxxexcept as required by Law or a stock exchange.
21.8 The Customer grants Provider a non-exclusive limited license to use any data or information that it receives from the Customer that is generated, Xxxxxxxcollected or recorded by any Products or Software for its internal business purposes, Xxxxxxxwhich include maintenance, X0X 0X0 development, upgrade or by telephone at (000) 000-0000 for more information regarding the indirect collection improvement of such information by the OSC. By completing this Subscription AgreementProducts, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator Software and acknowledges that such information related product and service offerings.
21.9 This contract is made available taken to the public under applicable securities legislationbe both party’s Confidential Information.
Appears in 1 contract
Samples: Software Supply Agreement
Confidentiality and Privacy. By accepting A. The Company acknowledges that Reinsurers are insurance companies which, pursuant to this Contract, will reinsure certain risks of Company. To that end, Company will provide certain information concerning the Subscription Agreement on behalf risks in an amount and detail sufficient for Reinsurers to provide reinsurance coverage ("Cession Information"). Company covenants and agrees that such Cession Information will form a part of Reinsurers' records which Reinsurers' must maintain in accordance with the relevant insurance regulations.
B. The Reinsurers acknowledge that in the course of their engagement by Company, Reinsurers may receive or have access to confidential and proprietary information of Company or third parties with whom Company conducts business. Such information is defined below and collectively referred to as "Confidential Information." In recognition of the Fundforegoing, the Manager agrees Reinsurers covenant and agree that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”)they:
1. The Manager agrees that it will keep and maintain all Subscriber Confidential Information confidentialin strict confidence, and using such degree of care as is appropriate to avoid unauthorized use or disclosure;
2. will use and disclose the Subscriber Confidential Information only solely for the purposes described belowfor which such information, unless: (a) or access to it, is provided pursuant to the Manager informs the Subscriber terms of a proposed this Contract, and will not use or disclosure disclose such information for Reinsurers' own purposes or for the benefit of anyone other than Company, except as required by applicable law;
3. will not, directly or indirectly, disclose Confidential Information to anyone outside Reinsurer, except as noted herein or with Company's prior written consent as permitted under the Subscriber terms of this Contract; and;
4. shall, upon the earlier of (i) completion of an engagement or termination of this Contract, or (ii) determination that Reinsurers have no need for Confidential Information, and the Subscriber consents; or (biii) the use at any time Company requests in writing, dispose of all records, electronic or disclosure is permitted otherwise (except for archival and backup copies and business records required by law to be made without retained or materials required in connection with arbitration, or with ongoing claims or disputes related to this Contract; provided, however, that all such retained Confidential Information shall remain subject to the consent confidentiality obligations hereunder) regarding or including any Confidential Information that Reinsurers may then possess or control. Disposal may be achieved, at Company's option, through prompt delivery of the Subscriberrecords to Company or destruction pursuant to Reinsurers' written policy governing such destruction and in a manner that renders the records unreadable and undecipherable by any means. Upon any occurrence of (i) or (ii), or is (iii) above, Reinsurers shall promptly certify in writing to Company, in a form reasonably acceptable to Company and executed by an authorized officer of Reinsurers, that all such Confidential Information has been destroyed or returned.
C. Reinsurers shall be permitted to disclose Confidential Information only to their employees, employees of affiliates, officers, directors, lawyers, accountants, retrocessionaires or auditors and subcontractors (individually an "Employee" and collectively, "Employees") having a need to know such information in connection with the performance under this Contract. Reinsurers shall instruct all Employees as to their obligations under this Contract. Reinsurers shall be responsible for all Employees' compliance with the terms of this Contract. If Reinsurers are required by law to disclose Confidential Information, Reinsurers shall, unless prohibited by law, or by the by-lawspromptly notify Company in writing in advance of such disclosure, rules, regulations or policies and provide Company with copies of any regulatory organization governing related information so that Company may take appropriate action to protect the FundConfidential Information.
D. Confidential Information includes all business and other proprietary information of Company, written or oral, including without limitation the following:
1. The Subscriber acknowledges and consents information relating to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted planned or required by applicable law existing businesses or business practicesinitiatives; organizational restructuring plans; and actual and projected sales, profits and other financial information; A&H I 6.00 Risk Details 10 of 26 GT 22/12/2014 Final1.00 10 of26 Risk Details A&H /6.00 GT 22/12/2014 Final1.00 UMR B110815AQUA0004 1108 ABR
2. The Subscriber further acknowledges information relating to technology, such as computer systems and consents to the fact the Manager systems architecture, including, but not limited to, computer hardware, computer software, source code, object code, documentation, methods of processing and the Fund may be required by applicable securities laws to provide to regulatory authorities operational methods;
3. information that describes insurance, annuities and financial services products and strategies, including, but not limited to, actuarial calculations, product designs, product administration and management; tax interpretations, tax positions and treatment of any Subscriber Information provided by the Subscriber through the filing item for tax purposes;
4. confidential information, software and material of reports of exempt trades and the filing of this Subscription Agreement third parties with the relevant securities regulatory authoritieswhom Company conducts business;
5. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the SubscriberCompany employees and personnel;
6. The Subscriber acknowledges that heCompany's policies, she procedures and standards, including, without limitation, Company's privacy and/or security policies, rules and practices, as Company may issue, amend, update, revise or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade otherwise make available to Reinsurers from time to timetime (collectively, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s"Company Policies"); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.and
Appears in 1 contract
Samples: Insurance Agreement (Prudential Variable Contract Account Gi-2)
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to the Canadian regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant Canadian securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable Canadian securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00Inquiries Officer, 00 Xxxxx Xxxxxx Xxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable Canadian securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000Suite 1903, Xxx Box 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting This Agreement and all information and advice communicated to any party pursuant hereto will be treated as confidential except as otherwise agreed to by the Subscription Agreement on behalf parties or as required by applica ble law. Except as otherwise provided in this Agreement, Client hereby authorizes Provider and its designees to disclose Client Information to third parties as necessary to provide the Service or to carry out their obligations with respect to the Service. Without limiting the generality of the Fundforegoing, if Client has enabled the Manager Service’s account aggregation feature, Client acknowledge s and agrees that it USBI and its designees are authorized to disclose Account Information aggregated by Aggregation Vendor to Sub-Adviser, which will access, use, and store such information in connection with its services provided hereunder. Third parties, including Sub-Adviser and Aggregation Vendor, are legally required to keep Client Information and Account Information private and secure, and must otherwise comply with Provider’s privacy policies as a condition of their engagement to provide services to USBI. This Agreement will not collect be assignable (as that term is defined in the Advisers Act) by any information about party without the Subscriber except that which is provided by the Subscriber other parties’ consent. If, after 15 calendar days of receiving notice of an assignment from Provider or its designee Client does not terminate his or her Advisory Account as provide d for in this Subscription Agreement Agreement, Client will be deemed to have consented to the assignment. Notwithstanding the foregoing, transfers in the event of Client’s death will not be considered an assignment under this Section and transfers to a successor-in-interest of Provider or subsequently provided its designee (whether by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidentialacquisition, and will use and disclose the Subscriber Information only for the purposes described belowassignment, unless: (a) the Manager informs the Subscriber operation of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or otherwise) will not be considered an assignment under this Section. For the avoidance of doubt, the foregoing limitation on assignment shall not prohibit Provider from engaging or replacing service providers or vendors (whether affiliated with USBI or third parties, and including, but not limited to, Sub-Adviser and Aggregation Vendor) in connection with the Service. Each person providing services under this Agreement may deal with its affiliates and its respective successors and permitted assigns as if such person or firm were not affiliated with the same to the full extent permitted by applicable law. Client understands that each of Provider and Sub-Adviser performs for other clients, services similar to those that will be provided to Client through the byService, as well as other types of investment advisory-lawsrelated services. Those other clients may take actions and receive advice that may differ from the advice given, rulesor in the timing and nature of the action taken, regulations in respect of that given to Client through the Service. Provider, Sub-Adviser, and their respective affiliates and associated persons will not have any obligation to make or policies refrain from making to Client purchases, sales, or transfers, as applicable, of any regulatory organization governing the Fundinvestment that may be purchased or sold in respect of any other client. The Subscriber acknowledges Transactions in any specific investment may be executed at different times and consents prices for different client advisory account(s). Provider may also utilize different guidelines as they relate to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription AgreementAdvisory Fees; therefore, the Subscriber acknowledges and consents costs of obtaining services similar to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund those provided hereunder may be required by applicable securities laws more or less than those charged to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationother USBI clients.
Appears in 1 contract
Samples: Investment Advisory Agreement
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the FundPartnership, the Manager General Partner agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”)) including, without limitation, the Subscriber’s full name, residential address or address for service, social insurance number or business number, as the case may be. The Manager General Partner agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: :
(a) the Manager General Partner informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or or
(b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the FundPartnership. The Subscriber acknowledges and consents to the fact the Manager General Partner, the Partnership and the Fund its service providers are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s)Subscription, effecting purchases of the Subscribed Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the FundPartnership. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager General Partner and the Fund Partnership retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager General Partner and the Fund Partnership may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager General Partner and the Fund Partnership are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it the Subscriber has been notified by the Manager General Partner or the Fund: Partnership:
(a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Subscribed Units purchased, the total purchase price paid Aggregate Subscription Price for such the Subscribed Units, the date of the purchase(s) Subscription and the prospectus and registration exemption relied upon under applicable securities laws to complete such purchase(s); ;
(b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and and
(c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000Suite 1903, Xxx 00, 00 Box 0000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
Appears in 1 contract
Samples: Subscription Agreement
Confidentiality and Privacy. By accepting The Bank and the Subscription Trust agree that, except as otherwise required by law or in connection with any required disclosure to a banking or other regulatory authority with jurisdiction over the subject matter of this Agreement on behalf or the parties hereto, each party will keep confidential all books, records, confidential, non-public, or proprietary information and data pertaining to the business of the Fundother party, including information pertaining to the Manager agrees that it Trust’s shareholders and shareholder accounts, which are exchanged, received or otherwise acquired pursuant to the negotiation or the carrying out of this Agreement and will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described belowsame to any person except, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is when permitted by law to be made without law, at the written request or with the written consent of the Subscriber, Trust or is required by law, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades law, administrative or judicial order or rule. The Trust, each Series, and the filing Bank further covenant and agree to retain all such knowledge and information acquired during and after the term of this Subscription Agreement with respecting such lists, trade secrets, or any secret or confidential information whatsoever in trust for the relevant securities regulatory authorities. In additionsole benefit of the Bank, the Subscriber acknowledges Trust, the Series, or their agents and their successors and assigns.
10.1 The Bank affirms that it has, and will continue to have throughout the Manager and term of this Agreement, procedures in place that are reasonably designed to protect the Fund are required privacy of non-public personal consumer/customer financial information to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as extent required by applicable securities laws, containing rules and regulations.
10.2 In case of any requests or demands for the full name, residential address and telephone number inspection of the SubscriberShareholder records of the Trust, the number Bank will promptly employ reasonable commercial efforts to notify the Trust and type secure instructions from an authorized officer of Units purchasedthe Trust as to such inspection. The Bank reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person.
10.3 The parties acknowledge and agree that any breach or threatened breach of this Section would cause not only financial damage, but irreparable harm to the Series, for which money damages will not provide an adequate remedy. Accordingly, in the event of a breach or threatened breach of this Section, the total purchase price paid for such Units, the date of the purchase(s) Trust and the prospectus exemption relied upon under applicable securities laws Series shall, in addition to complete such purchase(s); all other rights and remedies they may have, be entitled to an injunction (bwithout the necessity of posting any bond or surety) that restraining disclosure or misuse, in Ontariowhole or in part, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationany confidential information.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Rydex Etf Trust)
Confidentiality and Privacy. By accepting 10.1 Subscriber’s confidentiality obligations Subscriber may not share or disclose its User ID or passwords with others or grant others access to the contents of the restricted parts of the designated Sub-Domain, the LM Concept and/or Actee’s Apps Subscriber’s obligation of confidentiality applies for the term of the Subscription Agreement on behalf and for a pe- riod of three (3) years thereafter. The Subscriber may disclose Confidential Infor-mation only to those of its employees or sup- pliers who need to know such information. In addition, prior to any disclosure of such Confi- dential Information to any such employee or supplier, such employee or supplier shall be made aware of the Fundconfidential nature of the Confidential Information and shall execute, or shall al- ready be bound by, a non-disclosure agreement containing terms and conditions consistent with the confidentiality terms of these Terms of Subscription and the Terms of Use. In any event, the Manager agrees that it will not collect Subscriber shall be responsible for any information about breach of the confidentiality provisions of these Terms of Subscription and the Terms of Use by any of its employees or suppliers. The Subscriber shall use the same degree of care to avoid disclosure of Confidential Infor- mation of the disclosing Party as the Subscriber except that employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
10.2 Actee’s confidentiality obligations Actee shall keep information of Subscriber’s business, which is provided by generated through the Subscriber in this Subscription Agreement or subsequently provided by Sub- xxxxxxx’x use of the Subscriber (Website, the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidentialSub-Domains, the LM Concept and/or Actee’s Apps confi- dential, and will use and disclose the Subscriber Information only for the purposes described belowshall not, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use or disclosure is except as expressly permitted by these Terms of Subscription or as required by law or court order, disclose it wholly or Partly to be made any third party without the prior written consent of the Subscriber, except to the extent that such information:
10.2.1 is trivial or obvious;
10.2.2 is or comes into the public domain through no fault of Actee; or
10.2.3 already was in Actee's possession before disclosure by the Subscriber to Actee. The aforesaid notwithstanding, Actee shall be entitled, on an anonymized basis, to share in- formation about particular features and ways of use of the Sub-Domains, the LM Concept, and/or Actee’s Apps by one Subscriber with other subscribers, including any features or func- tionalities developed by Actee at the request of one Subscriber.
10.3 Registration Information and Privacy Registration is required by lawfor Subscriber to access and use the restricted parts of the Sub-Do- mains, or the LM Concept and/or Actee’s Apps. Subscriber must provide certain current, com- plete, and accurate information about Subscriber as prompted to do so by the byWebsite, the Sub-lawsDomains, rulesthe LM Concept and/or Actee’s Apps ("Registration Information"), regulations and maintain and update such Registration Information as required to keep the information current, com- plete and accurate. Subscriber warrants that its Registration Information is accurate and cur- rent, and that Subscriber is authorized to provide such Registration Information. Subscriber authorizes Actee to verify Subscriber’s Registration Information at any time. If any Registration Information that Subscriber provides is untrue, inaccurate, not current or policies incomplete, Actee retains the right, in its sole discretion, to suspend or terminate Subscriber’s rights to access the restricted parts of the Sub-Domains, the LM Concept and/or Actee’s Apps. To enable Actee to use information that Subscriber supplies to Actee and so that Actee is not violating any regulatory organization governing rights that Subscriber might have in that information, Subscriber hereby grants to Actee a non-exclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by Actee's computers or any other technology currently in ex- istence or hereafter developed capable of utilizing digital information, and (ii) combine the Fundin- formation with other content provided by Actee, in each case by any method or means or in any medium whether now known or hereafter devised. The Actee’s gathering and dissemination of personal information provided by Subscriber acknowledges is subject to Actee’s Privacy Policy which is avail- able on the Website. To the extent that Subscriber uses third-Party data controllers or data processors in connection with use of the Website, the Sub-Domains, the LM Concept and/or Actee’s Apps and consents to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing shares personal information with any such third-party data controllers or data processors, whether it is done directly or via the Subscriber’s subscription(s)use of the Website, effecting purchases of Unitsthe Sub-Domains, providing the LM Concept and/or Actee’s Apps, the Subscriber with ongoing services shall be responsible and otherwise administering liable towards both the owners of such personal information as well as towards any competent authority for such dataprocessing, sharing and storage of personal information, and shall indemnify Actee against any claim by such third parties, owners of the personal information and/or competent authorities. Actee’s and the Subscriber’s investment collection, processing and storage of personal information shall, in the Fund. By executing this Subscription Agreementaddition hereto, the Subscriber acknowledges and consents be subject to the Manager and terms of Actee’s Data Processing Agreement that is avail- able on the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislationWebsite.
Appears in 1 contract
Samples: Standard Contractual Clauses
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless: (a) the Manager informs the Subscriber of a proposed use or disclosure of the Subscriber Information, and the Subscriber consents; or (b) the use Unless you provide express consent or disclosure is permitted pursuant to a legal power, all information kept by law i2i Marketing Group, LLC regarding you, other than your name and address, is confidential and may not be disclosed by i2i Marketing Group, LLC to anyone other than: you or a person who in the reasonable judgment of i2i Marketing Group, LLC is seeking the information as your agent; another company or a person providing services to i2i Marketing Group, LLC or another portal, but only if the information is to be made without used for the consent of the Subscriberestablishment of, or is required by lawthe efficient and cost effective provision of, or by the by-laws, rules, regulations or policies of any regulatory organization governing the Fund. The Subscriber acknowledges and consents to the fact the Manager our service and the Fund are collecting disclosure is made on a confidential basis with the Subscriber Information information to be used only for that purpose; a directory or listing service company for the purpose of completing listing your name, address and phone number if you consent and if that company agrees to use the Subscriber’s subscription(s)information only for that purpose; an agent used by i2i Marketing Group, effecting purchases LLC to evaluate your credit or collect outstanding balances owed to i2i Marketing Group, LLC by you, if the agent requires the information and agrees to use the information only for that purpose; a public authority or its agent if i2i Marketing Group, LLC reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of Unitsthe information; a law enforcement agency if i2i Marketing Group, providing LLC reasonably believes that you or anyone using the Subscriber with ongoing services and otherwise administering service is engaged in fraudulent or unlawful activities against i2i Marketing Group, LLC. Express consent may be taken to be given by you where you provide: written consent; oral confirmation verified by an independent third party; electronic confirmation through the Subscriber’s investment in use of a toll-free number; electronic confirmation via the Fund. By executing this Subscription AgreementInternet; oral consent, where an audio recording of the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for consent is retained by i2i Marketing Group, LLC; or consent through other methods, as long as permitted an objective documented record of your consent is created by you or required by applicable law or business practicesan independent third party. The Subscriber further acknowledges and consents i2i Marketing Group, LLC liability for disclosure of information contrary to these terms is not limited by the limitation of liability set out above. You may inspect any i2i Marketing Group, LLC records related to the fact the Manager provision of your service, provided that you pay i2i Marketing Group, LLC’s related extraordinary costs. You may request that your name and the Fund may address not be required included on any list provided to any other person or used by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In additioni2i Marketing Group, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.LLC
Appears in 1 contract
Samples: Online Marketing Agreement (Nevada Canyon Gold Corp.)
Confidentiality and Privacy. By accepting A. The Company acknowledges that Reinsurers are insurance companies which, pursuant to this Contract, will reinsure certain risks of Company. To that end, Company will provide certain information concerning the Subscription Agreement on behalf of the Fund, the Manager agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber risks in this Subscription Agreement or subsequently provided by the Subscriber an amount and detail sufficient for Reinsurers to provide reinsurance coverage (the “Subscriber Cession Information”). The Manager Company covenants and agrees that it such Cession Information will form a part of Reinsurers’ records which Reinsurers’ must maintain in accordance with the relevant insurance regulations.
B. The Reinsurers acknowledge that in the course of their engagement by Company, Reinsurers may receive or have access to confidential and proprietary information of Company or third parties with whom Company conducts business. Such information is defined below and collectively referred to as “Confidential Information.” In recognition of the foregoing, Reinsurers covenant and agree that they:
1. Will keep and maintain all Subscriber Confidential Information confidentialin strict confidence, using such degree of care as is appropriate to avoid unauthorized use or disclosure;
2. Will use and disclose Confidential Information solely for the purposes for which such information, or access to it, is provided pursuant to the terms of this Contract, and will not use and or disclose the Subscriber Information only such information for Reinsurers’ own purposes or for the purposes described belowbenefit of anyone other than Company, unless: except as required by applicable law;
3. Will not, directly or indirectly, disclose Confidential Information to anyone outside Reinsurer, except as noted herein or with Company’s prior written consent as permitted under the terms of this Contract; and
4. Shall, upon the earlier of (ai) the Manager informs the Subscriber completion of a proposed use an engagement or disclosure termination of the Subscriber this Contract, or (ii) determination that Reinsurers have no need for Confidential Information, and the Subscriber consents; or (biii) the use at any time Company requests in writing, dispose of all records, electronic or disclosure is permitted otherwise (except for archival and backup copies and business records required by law to be made without retained or materials required in connection with arbitration, or with ongoing claims or disputes related to this Contract; provided, however, that all such retained Confidential Information shall remain subject to the consent confidentiality obligations hereunder) regarding or including any Confidential Information that Reinsurers may then possess or control. Disposal may be achieved, at Company’s option, through prompt delivery of the Subscriberrecords to Company or destruction pursuant to Reinsurers’ written policy governing such destruction and in a manner that renders the records unreadable and undecipherable by any means. Upon any occurrence of (i) or (ii), or is (iii) above, Reinsurers shall promptly certify in writing to Company, in a form reasonably acceptable to Company and executed by an authorized officer of Reinsurers, that all such Confidential Information has been destroyed or returned.
C. Reinsurers shall be permitted to disclose Confidential Information only to their employees, employees of affiliates, officers, directors, lawyers, accountants, retrocessionaires or auditors and subcontractors (individually an “Employee” and collectively, “Employees”) having a need to know such information in connection with the performance under this Contract. Reinsurers shall instruct all Employees as to their obligations under this Contract. Reinsurers shall be responsible for all Employees’ compliance with the terms of this Contract. If Reinsurers are required by law to disclose Confidential Information, Reinsurers shall, unless prohibited by law, or by the by-lawspromptly notify Company in writing in advance of such disclosure, rules, regulations or policies and provide Company with copies of any regulatory organization governing related information so that Company may take appropriate action to protect the FundConfidential Information.
D. Confidential Information includes all business and other proprietary information of Company, written or oral, including without limitation the following:
1. The Subscriber acknowledges and consents Information relating to the fact the Manager and the Fund are collecting the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents to the Manager and the Fund retaining the Subscriber Information for as long as permitted planned or required by applicable law existing businesses or business initiatives; organizational restructuring plans; and actual and projected sales, profits and other financial information;
2. Information relating to technology, such as computer systems and systems architecture, including, but not limited to, computer hardware, computer software, source code, object code, documentation, methods of processing and operational methods;
3. Information that describes insurance, annuities and financial services products and strategies, including, but not limited to, actuarial calculations, product designs, product [ administration and management; tax interpretations, tax positions and treatment of any item for tax purposes;
4. Confidential information, software and material of third parties with whom Company conducts business;
5. Information about Company employees and personnel;
6. Company’s policies, procedures and standards, including, without limitation, Company’s privacy and/or security policies, rules and practices. The Subscriber further acknowledges and consents , as Company may issue, amend, update, revise or otherwise make available to the fact the Manager and the Fund may be required by applicable securities laws to provide to regulatory authorities any Subscriber Information provided by the Subscriber through the filing of reports of exempt trades and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the Subscriber. The Subscriber acknowledges that he, she or it has been notified by the Manager or the Fund: (a) of such delivery of a report of trade Reinsurers from time to timetime (collectively, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscriber, the number and type of Units purchased, the total purchase price paid for such Units, the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete such purchase(s“Company Policies”); (b) that in Ontario, this information is collected indirectly by the Ontario Securities Commission (the “OSC”) under the authority granted to it under, and is being collected for the purposes of the administration and enforcement of, the securities legislation in Ontario; and (c) that the Subscriber may contact the Administrative Assistant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by the OSC. By completing this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.and
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Samples: Reinsurance Contract (Prudential Variable Contract Account Gi-2)
Confidentiality and Privacy. By accepting the Subscription Agreement on behalf of the FundAgreement, the Manager Corporation agrees that it will not collect any information about the Subscriber except that which is provided by the Subscriber in this the Subscription Agreement or subsequently provided by the Subscriber (the “Subscriber Information”). The Manager Corporation also agrees that it will keep all Subscriber Information confidential, and will use and disclose the Subscriber Information only for the purposes described below, unless:
(a) the Manager Corporation informs the Subscriber of a proposed use or disclosure of the Subscriber Information, Information and the Subscriber consents; or or
(b) the use or disclosure is permitted by law to be made without the consent of the Subscriber, or is required by law, or by the by-laws, rules, regulations or policies of or any regulatory organization governing the FundCorporation. The By signing the Subscription Agreement, the Subscriber acknowledges agrees that the Corporation may collect and consents to the fact the Manager and the Fund are collecting use the Subscriber Information for the purpose of completing the Subscriber’s subscription(s), effecting purchases of Units, providing the Subscriber with ongoing services and otherwise administering the Subscriber’s investment in the Fund. By executing this Subscription Agreement, the Subscriber acknowledges and consents following purposes:
(a) to the Manager and the Fund retaining the Subscriber Information for as long as permitted or required by applicable law or business practices. The Subscriber further acknowledges and consents to the fact the Manager and the Fund may be required by applicable securities laws to provide deliver to regulatory authorities any Subscriber Information personal information provided by the Subscriber through the filing of reports of exempt trades respecting itself (and the filing of this Subscription Agreement with the relevant securities regulatory authorities. In addition, the Subscriber acknowledges that the Manager and the Fund are required to file a report of trade with all applicable securities regulatory authorities containing personal information about the any beneficial purchaser) including such Subscriber. The Subscriber acknowledges that he, she ’s (or it has been notified by the Manager or the Fund: (abeneficial purchaser’s) of such delivery of a report of trade from time to time, as required by applicable securities laws, containing the full name, residential address and telephone number of the Subscribernumber, the number amount of Offered Shares and type of Units Convertible Debenture purchased, the total purchase price paid for such UnitsSubscription Price, the exemption relied on by the Subscriber and the date of the purchase(s) and the prospectus exemption relied upon under applicable securities laws to complete distribution, such purchase(s); (b) that in Ontario, this information is being collected indirectly by the Ontario Securities Commission (the “OSC”) regulatory authorities under the authority granted pursuant to it under, and is being collected applicable securities laws for the purposes of the administration and enforcement of, the of applicable securities legislation in Ontario; laws and (c) that the Subscriber may contact the Administrative Assistant pursuant to the Director of Corporate Finance at Xxxxx 0000, Xxx 00, 00 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, X0X 0X0 or by telephone at (000) 000-0000 for more information regarding the indirect collection of such information by regulatory authorities;
(b) to provide the OSC. By completing Subscriber with information; and
(c) to otherwise administer the Subscriber’s investment in the Corporation in accordance with the terms of this Subscription Agreement, the Subscriber authorizes the indirect collection of this information by each applicable securities regulatory authority or regulator and acknowledges that such information is made available to the public under applicable securities legislation.
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