Confidentiality/Protecting Customer Information. Each party agrees that it shall comply with all applicable laws and regulations regarding the privacy or security of Customer Information shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder. For purposes of this Section, “Customer Information” means any personal information concerning a Mortgagor that is disclosed by one party to this Agreement to the other.
Confidentiality/Protecting Customer Information. The Owner agrees that it shall comply with all applicable laws and regulations regarding the privacy or security of any personal information concerning Borrowers and shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder.
Confidentiality/Protecting Customer Information. (a) The Servicer agrees that it shall comply with all Applicable Requirements (including, but not limited to, applicable laws and regulations) regarding the privacy or security of any personal information concerning Borrowers and shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, but not limited to the following, to the extent applicable: (i) maintaining security measures designed to meet the applicable Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616, (ii) complying with the joint agency rulemaking Identity Theft Red Flags and Address Discrepancies implementing section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), 15 U.S.C. § 1681m, and section 315 of the FACT Act, 15 U.S.C. § 1681c, that amended the Fair Credit Reporting Act (FCRA) and (iii) complying with the privacy regulations under Title V of the Gxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder, including, but not limited to providing all notices required to be provided thereby.
(b) In meeting it requirements for confidentiality under this Section 2.12, Servicer agrees to take, and to ensure that any employee or subcontractor that it uses in the performance of its obligations under this Agreement takes, at a minimum, the measures listed below.
(i) Servicer agrees to protect and preserve Owner's NPI. Servicer agrees to maintain physical, electronic, and procedural safeguards to prevent any portion of Owner’s NPI, in any form or medium, from being disclosed or made available by Servicer or by any of Servicer’s employees to any other person, firm, or corporation except as is expressly permitted in this Agreement or required for the performance of Servicer’s duties under the Agreement. In no event shall Servicer take precautions any less stringent than those employed to protect its own NPI.
(ii) Servicer agrees that it will use Owner’s NPI solely for the purpose contemplated under this Agreement. Servicer shall limit access to Owner’s NPI to employees and subcontractors who have agreed to maintain the confidentiality of Owner’s NPI according to the same standards as under this Agreement and who have a need to access Owner’s NPI in order for Servicer to utilize Owner’s NPI for the purposes contemplated under this Agreement.
(iii) Servicer agrees to ensure that employees and...
Confidentiality/Protecting Customer Information. During the term of this Agreement, a Party (the “Recipient”) may receive or have access to certain information of the other Party (the “Discloser”) that is “Confidential Information,” including, though not limited to, records, documents, proprietary information, technology, software, trade secrets, financial and business information, or data related to either Party’s products (including the discovery, invention, research, improvement, development, manufacture, or sale thereof), processes, or general business operations (including sales, costs, profits, pricing methods, organization, employee or customer lists and process), whether oral, written, or communicated via electronic media or otherwise disclosed or made available to a Party or to which a Party is given access pursuant to this Agreement by the other Party, and any information obtained through access to any information assets or information systems (including computers, networks, voice mail, etc.), that, if not otherwise described above, is of such a nature that a reasonable person would believe to be confidential. Recipient shall protect the disclosed Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the Confidential Information as Recipient uses to protect its own Confidential Information of a like nature. Recipient’s obligations shall only extend to (a) Confidential Information, (b) information that is marked as confidential at the time of disclosure, (c) information that is unmarked (e.g., orally, visually or tangibly disclosed) but treated as confidential at the time of disclosure, and (d) information that Recipient knows or could reasonably be expected to know to be confidential. This Agreement imposes no obligation upon Recipient with respect to information that: (1) was in Recipient’s possession before receipt from Discloser as evidenced by its books and records prior to the receipt of such information; (2) is or becomes a matter of public knowledge through no fault of Recipient, or its employees, consultants, advisors, officers or directors or Affiliates; (3) is rightfully received by Recipient from a third party without a duty of confidentiality; (4) is disclosed by Discloser to a third party without a duty of confidentiality on the third party; (5) is independently developed by Recipient without reference to the Confidential Information, as evidenced by its books and re...
Confidentiality/Protecting Customer Information. The Servicer agrees that it shall comply with all applicable laws and regulations regarding the privacy or security of any personal information concerning Borrowers and shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder.
Confidentiality/Protecting Customer Information. The Servicer and Owner understand and agree that the Customer Information (as defined below) is subject to Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. §§ 6801 et seq., the Federal Trade Commission’s Privacy Regulations, 16 CFR Part 313, and Standards for -Safeguarding Customer Information, 16 CFR Part 314 and any other applicable federal and state privacy laws and regulations and other applicable requirements of any government or agency or instrumentality thereof regarding the privacy or security of Customer Information (the “GLB Requirements”) and agree that they shall comply with and they shall cause any other person or entity that receives the Customer Information to comply with the GLB Requirements and will promptly notify the each other of any breach of the GLB Requirements. Furthermore, the Servicer and Owner shall maintain (and shall cause any other person or entity that receives thee Customer Information to maintain) appropriate administrative, technical and physical safeguards designed to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the GLB Requirements. For purposes of this section, “Customer Information” means any non-public personal information (as such term is defined in the Federal Trade Commission’s Privacy Regulations) concerning a Mortgagor regardless of whether such information was provided by Servicer to Owner or Owner to the Servicer or was prepared by the Servicer, Owner or any affiliate or agent of the Servicer or Owner based on or derived from the Customer Information. Any communications by the Servicer with any Mortgagor shall comply with all applicable laws and regulations, including, without limitation, the Telemarketing Sales Rule, as amended, 16 CFR Part 3 0. Servicer shall permit Owner and representatives of Owner, upon prior notice and as reasonably agreed to by the parties hereto in timing and scope, to examine and verify compliance with the GLB Requirements with respect to Customer Information which may include, but shall not be limited to conducting information security assessments of Servicer and Servicer’s procedures. Flow Special Servicing Agreement 23
Confidentiality/Protecting Customer Information. Each party agrees that it shall comply with all applicable laws and regulations regarding the privacy or security of Customer Information shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder. For purposes of thix Xxxxxxx, “Xxxxxxer Information” means any personal information concerning a Mortgagor that is disclosed by one party to this Agreement to the other.
Confidentiality/Protecting Customer Information. Each party agrees that it shall comply with all applicable federal, state and local laws and regulations regarding the privacy or security of Customer Information and shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder.
Confidentiality/Protecting Customer Information. The Servicer agrees that it shall comply in all material respects with the Owner’s standard and customary “Politica de Manejo de la Información” applicable to the internal practices of Owner, as provided to Servicer in writing prior to the date of this Agreement, as Owner may subsequently update or amend such documents in writing from time to time (with reasonable advance written notice to Servicer, not less than 30 days, and provided that if such updates or amendments would result in the imposition of material additional costs or expenses to Servicer, the parties shall in good faith negotiate an increase in Servicing Fees to reflect such costs or expenses upon Servicer’s request), and with all applicable laws and regulations regarding the privacy or security of all nonpublic personal information concerning Borrowers (“Customer Information”) and shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder. The Servicer shall not use Customer Information for any purpose other than as reasonably necessary to fulfill its duties and obligations under this Agreement, and shall not disclose, copy, sell, transfer, publish, display, or otherwise make any Customer Information available to any third party without the prior written consent of Owner.
Confidentiality/Protecting Customer Information. Each party and the Back-up Master Servicer agrees that it shall comply with all applicable laws and regulations regarding the privacy or security of Customer Information shall maintain appropriate administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer Information, including, if applicable, maintaining security measures designed to meet the Interagency Guidelines Establishing Standards for Safeguarding Customer Information, 66 Fed. Reg. 8616 and complying with the privacy regulations under Title V of the Xxxxx-Xxxxx-Xxxxxx Act, 15 U.S.C. § 6801 et seq., and the rules promulgated thereunder. For purposes of this Section, “Customer Information” means any personal information concerning a Mortgagor that is disclosed by one party to this Agreement to the other.
