Common use of Confidentiality of Your Data Clause in Contracts

Confidentiality of Your Data. 40.1 We will ensure that we will: (A) treat Your Data as confidential and not disclose Your Data to any third party without your prior written consent; and (B) use appropriate technical and organisational measures to protect Your Data against Data Breach. 40.2 However there are exceptions to our duties under paragraph (A), which are set out in other provisions of this paragraph 40 (Confidentiality of Your Data). 40.3 You agree that we will not be bound by the requirements of paragraph 40.1(A) above in respect of Your Data provided that, at the relevant time, Your Data was: (A) already available in the public domain other than as a result of our breach of the requirements of paragraph 40.1 above, or any other duty of confidentiality we owe to you under Applicable Law; (B) lawfully obtained by us from a third party who did not breach any obligation of confidentiality that third party owed to you or any other person; or (C) already known to us and the requirements of paragraph 40.1 above did not apply, nor any other duty of confidentiality, at the time we became aware of Your Data. 40.4 You also agree that, regardless of paragraph 40.1(A) above, we may share Your Data with: (A) issuers, dealers, brokers, clearing houses, exchanges, operators of electronic trading platforms, providers of custody services, banks other than us, and similar third parties, whose direct or indirect involvement in Transactions we conduct or other arrangements we make in connection with the Services is necessary or desirable; (B) our Authorised Recipients provided that we ensure that such disclosure is limited to the extent we consider necessary to enable us to perform the Services or fulfil our obligations or exercise our rights under this Agreement, in accordance with the Applicable Law; (C) credit reference agencies, providers of identity verification services, operators of fraud/sanctions and other business risk screening databases, and other providers of due diligence services, to the extent we consider the use of such service providers to be necessary in the ordinary course of our business or in order to comply with Applicable Law; (D) any regulatory, governmental, or supranational authority or body (including the police or other law enforcement body), who requests or requires us to disclose Your Data (including those with whom we are required to share Your Data under AEOI Law, as more particularly described in paragraph 30 (Our reporting requirements) above); (E) and any third party, if we are required to do so by an order or rule of any court or tribunal that has relevant legal authority. 40.5 Under Applicable Law we may be required to make information about certain transactions public. You agree and acknowledge that any and all proprietary rights in such transaction information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose.

Confidentiality of Your Data. 40.1 We will ensure that we will: (A) treat Your Data as confidential and not disclose Your Data to any third party without your prior written consent; and (B) use appropriate technical and organisational measures to protect Your Data against Data Breach. 40.2 However there are exceptions to our duties under paragraph (A), which are set out in other provisions of this paragraph 40 (Confidentiality of Your Data). 40.3 You agree that we will not be bound by the requirements of paragraph 40.1(A) above in respect of Your Data provided that, at the relevant time, Your Data was: (A) already available in the public domain other than as a result of our breach of the requirements of paragraph 40.1 above, or any other duty of confidentiality we owe to you under Applicable Law; (B) lawfully obtained by us from a third party who did not breach any obligation of confidentiality that third party owed to you or any other person; or (C) already known to us and the requirements of paragraph 40.1 above did not apply, nor any other duty of confidentiality, at the time we became aware of Your Data. 40.4 You also agree that, regardless of paragraph 40.1(A) above, we may share Your Data with: (A) issuers, dealers, brokers, clearing houses, exchanges, operators of electronic trading platforms, providers of custody services, banks other than us, and similar third parties, whose direct or indirect involvement in Transactions we conduct or other arrangements we make in connection with the Services is necessary or desirable; (B) our Authorised Recipients provided that we ensure that such disclosure is limited to the extent we consider necessary to enable us to perform the Services or fulfil our obligations or exercise our rights under this Agreement, in accordance with the Applicable Law; (C) credit reference agencies, providers of identity verification services, operators of fraud/sanctions and other business risk screening databases, and other providers of due diligence services, to the extent we consider the use of such service providers to be necessary in the ordinary course of our business or in order to comply with Applicable Law; (D) any regulatory, governmental, or supranational authority or body (including the police or other law enforcement body), who requests or requires us to disclose Your Data (including those with whom we are required to share Your Data under AEOI Law, as more particularly described in paragraph 30 (Our reporting requirements) above); (E) and any third party, if we are required to do so by an order or rule of any court or tribunal that has relevant legal authority. 40.5 Under Applicable Law we may be required to make information about certain transactions public. You agree and acknowledge that any and all proprietary rights in such transaction information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose.

Confidentiality of Your Data. 40.1 We will ensure that we will: (A) treat Your Data as confidential and not disclose Your Data to any third party without your prior written consent; and (B) use appropriate technical and organisational measures to protect Your Data against Data Breach. 40.2 However there are exceptions to our duties under paragraph (A), which are set out in other provisions of this paragraph 40 (Confidentiality of Your Data). 40.3 You agree that we will not be bound by the requirements of paragraph 40.1(A) above in respect of Your Data provided that, at the relevant time, Your Data was: (A) already available in the public domain other than as a result of our breach of the requirements of paragraph 40.1 above, or any other duty of confidentiality we owe to you under Applicable Law; (B) lawfully obtained by us from a third party who did not breach any obligation of confidentiality that third party owed to you or any other person; or (C) already known to us and the requirements of paragraph 40.1 above did not apply, nor any other duty of confidentiality, at the time we became aware of Your Data. 40.4 You also agree that, regardless of paragraph 40.1(A) above, we may share Your Data with: (A) issuers, dealers, brokers, clearing houses, exchanges, operators of electronic trading platforms, providers of custody services, banks other than us, and similar third parties, whose direct or indirect involvement in Transactions we conduct or other arrangements we make in connection with the Services is necessary or desirable; (B) our Authorised Recipients provided that we ensure that such disclosure is limited to the extent we consider necessary to enable us to perform the Services or fulfil our obligations or exercise our rights under this Agreement, in accordance with the Applicable Law; (C) credit reference agencies, providers of identity verification services, operators of fraud/sanctions and other business risk screening databases, and other providers of due diligence services, to the extent we consider the use of such service providers to be necessary in the ordinary course of our business or in order to comply with Applicable Law; (D) any regulatory, governmental, or supranational authority or body (including the police or other law enforcement body), who requests or requires us to disclose Your Data (including those with whom we are required to share Your Data under AEOI Law, as more particularly described in paragraph 30 (Our reporting requirements) above);Your (E) and any third party, if we are required to do so by an order or rule of any court or tribunal that has relevant legal authority. 40.5 Under Applicable Law we may be required to make information about certain transactions public. You agree and acknowledge that any and all proprietary rights in such transaction information are owned by us and you waive any duty of confidentiality attaching to the information which we reasonably disclose.