Common use of Definition of joint agreement Clause in Contracts

Definition of joint agreement. For purposes of this section, joint agreement means a written contract pursuant to which you and one or more financial institutions jointly offer, endorse or sponsor a financial product or service. (a) Exceptions for processing and serv- icing transactions at consumer’s request. The requirements for initial notice in § 160.4(a)(2), for the opt out in §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service pro- viders and joint marketing, do not apply if you disclose nonpublic per- xxxxx information as necessary to ef- fect, administer, or enforce a trans- action that a consumer requests or au- thorizes, or in connection with: (1) Processing or servicing a financial product or service that a consumer re- quests or authorizes; (2) Maintaining or servicing the con- sumer’s account with you, or with an- other entity as part of an extension of credit on behalf of such entity as part of a private label credit card program or other extension of credit on behalf of such entity; or (3) A proposed or actual securitization, secondary market sale or similar transaction related to a transaction of the consumer. (b) Necessary to effect, administer or en- force a transaction means that the dis- closure is: (1) Required, or is one of the lawful or appropriate methods, to enforce your rights or the rights of other per- sons engaged in carrying out the xxxxx- cial transaction or providing the prod- uct or service; or (2) Required, or is a usual, appro- priate or acceptable method: (i) To carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the con- sumer’s account in the ordinary course of providing the financial service or fi- nancial product; (ii) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part; (iii) To provide a confirmation, state- ment or other record of the trans- action, or information on the status or value of the financial service or xxxxx- cial product to the consumer or the consumer’s agent or broker; (iv) To accrue or recognize incentives or bonuses associated with the trans- action that are provided by you or any other party; (v) In connection with: (A) The authorization, settlement, billing, processing, clearing, transfer- ring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other pay- ment card, check or account number, or by other payment means; (B) The transfer of receivables, ac- counts or interests therein; or (C) The audit of debit, credit or other payment information. (a) Exceptions to notice and opt out re- quirements. The requirements for initial notice in § 160.4(a)(2), for the opt out in

Appears in 3 contracts

Samples: Joint Marketing Agreement, Confidentiality Agreement, Joint Marketing Agreement

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Definition of joint agreement. For purposes of this section, joint agreement means a written contract pursuant to which you and one or more financial institutions jointly offer, endorse or sponsor a financial product or service. (a) Exceptions for processing and serv- icing transactions at consumer’s request. The requirements for initial notice in § 160.4(a)(2), for the opt out in §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service pro- viders and joint marketing, do not apply if you disclose nonpublic per- xxxxx information as necessary to ef- fect, administer, or enforce a trans- action that a consumer requests or au- thorizes, or in connection with: (1) Processing or servicing a financial product or service that a consumer re- quests or authorizes; (2) Maintaining or servicing the con- sumer’s account with you, or with an- other entity as part of an extension of credit on behalf of such entity as part of a private label credit card program or other extension of credit on behalf of such entity; or (3) A proposed or actual securitization, secondary market sale or similar transaction related to a transaction of the consumer. (b) Necessary to effect, administer or en- force a transaction means that the dis- closure is: (1) Required, or is one of the lawful or appropriate methods, to enforce your rights or the rights of other per- sons engaged in carrying out the xxxxx- cial transaction or providing the prod- uct or service; or (2) Required, or is a usual, appro- priate or acceptable method: (i) To carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the con- sumer’s account in the ordinary course of providing the financial service or fi- nancial product; (ii) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part; (iii) To provide a confirmation, state- ment or other record of the trans- action, or information on the status or value of the financial service or xxxxx- cial product to the consumer or the consumer’s agent or broker; (iv) To accrue or recognize incentives or bonuses associated with the trans- action that are provided by you or any other party; (v) In connection with: (A) The authorization, settlement, billing, processing, clearing, transfer- ring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other pay- ment card, check or account number, or by other payment means; (B) The transfer of receivables, ac- counts or interests therein; or (C) The audit of debit, credit or other payment information. (a) Exceptions to notice and opt out re- quirements. The requirements for initial notice in § 160.4(a)(2), for the opt out inin §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service providers and joint marketing do not apply when you disclose nonpublic per- xxxxx information: (1) With the consent or at the direc- tion of the consumer, provided that the consumer has not revoked the consent or direction; (i) To protect the confidentiality or security or your records pertaining to the consumer, service, product or transaction; (ii) To protect against or prevent ac- tual or potential fraud, unauthorized transactions, claims or other liability; (iii) For required institutional risk control or for resolving consumer dis- putes or inquiries; (iv) To persons holding a legal or ben- eficial interest relating to the con- sumer; or (v) To persons acting in a fiduciary or representative capacity on behalf of the consumer; (3) To provide information to insur- ance rate advisory organizations, guar- anty funds or agencies, agencies that

Appears in 1 contract

Samples: Joint Marketing Agreement

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Definition of joint agreement. For purposes of this section, joint agreement means a written contract pursuant to which you and one or more financial institutions jointly offer, endorse or sponsor a financial product or service. (a) Exceptions for processing and serv- icing transactions at consumer’s request. The requirements for initial notice in § 160.4(a)(2), for the opt out in §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service pro- viders and joint marketing, do not apply if you disclose nonpublic per- xxxxx information as necessary to ef- fect, administer, or enforce a trans- action that a consumer requests or au- thorizes, or in connection with: (1) Processing or servicing a financial product or service that a consumer re- quests or authorizes; (2) Maintaining or servicing the con- sumer’s account with you, or with an- other entity as part of an extension of credit on behalf of such entity as part of a private label credit card program or other extension of credit on behalf of such entity; or (3) A proposed or actual securitization, secondary market sale or similar transaction related to a transaction of the consumer. (b) Necessary to effect, administer or en- force a transaction means that the dis- closure is: (1) Required, or is one of the lawful or appropriate methods, to enforce your rights or the rights of other per- sons engaged in carrying out the xxxxx- cial transaction or providing the prod- uct or service; or (2) Required, or is a usual, appro- priate or acceptable method: (i) To carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the con- sumer’s account in the ordinary course of providing the financial service or fi- nancial product; (ii) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part; (iii) To provide a confirmation, state- ment or other record of the trans- action, or information on the status or value of the financial service or xxxxx- cial product to the consumer or the consumer’s agent or broker; (iv) To accrue or recognize incentives or bonuses associated with the trans- action that are provided by you or any other party; (v) In connection with: (A) The authorization, settlement, billing, processing, clearing, transfer- ring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other pay- ment card, check or account number, or by other payment means; (B) The transfer of receivables, ac- counts or interests therein; or (C) The audit of debit, credit or other payment information. (a) Exceptions to notice and opt out re- quirements. The requirements for initial notice in § 160.4(a)(2), for the opt out inin §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service providers and joint marketing do not apply when you disclose nonpublic per- xxxxx information: (1) With the consent or at the direc- tion of the consumer, provided that the consumer has not revoked the consent or direction; (i) To protect the confidentiality or security or your records pertaining to the consumer, service, product or transaction; (ii) To protect against or prevent ac- tual or potential fraud, unauthorized transactions, claims or other liability; (iii) For required institutional risk control or for resolving consumer dis- putes or inquiries; (iv) To persons holding a legal or ben- eficial interest relating to the con- sumer; or (v) To persons acting in a fiduciary or representative capacity on behalf of the consumer; (3) To provide information to insur- ance rate advisory organizations, guar- anty funds or agencies, agencies that are rating you, persons that are assess- ing your compliance with industry standards, and your attorneys, ac- countants and auditors; (4) To the extent specifically per- mitted or required under other provi- sions of law and in accordance with the Right to Financial Privacy Act of 1978, 12 U.S.C. 3401 et seq., to law enforce- ment agencies (including a Federal functional regulator, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a State in- surance authority, with respect to any person domiciled in that insurance authority’s state that is engaged in providing insurance, and the Bureau of Consumer Financial Protection), self- regulatory organizations, or for an in- vestigation on a matter related to pub- lic safety; (i) To a consumer reporting agency in accordance with the Fair Credit Re- porting Act, 15 U.S.C. 1681 et seq.; or (ii) From a consumer report reported by a consumer reporting agency; (6) In connection with a proposed or actual sale, merger, transfer or ex- change of all or a portion of a business or operating unit if the disclosure of nonpublic personal information con- cerns solely consumers of such business or unit; or (7) (i) To comply with federal, state or local laws, rules and other applicable legal requirements;

Appears in 1 contract

Samples: Confidentiality Agreement

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