GLBA. In connection with the sale and transfer of the Servicing Rights hereunder, each of the parties shall comply with the applicable provisions of the Xxxxx-Xxxxx- Xxxxxx Act of 1999 (the “GLBA”) and any applicable state and local privacy laws pursuant to the GLBA for financial institutions and applicable state and local privacy laws.
GLBA. HQY and HSAs are subject to the privacy and security protections of the Xxxxx-Xxxxx-Xxxxxx Act and applicable state laws (collectively, “GLBA”) and HQY is required by GLBA to safeguard each Account Holder’s nonpublic personal information (“NPI”), which includes information HQY collects or generates in the course of offering custodial services to an Account Holder, including Account Holder information collected by Employer and transmitted to HQY pursuant to the Agreement. HQY may disclose NPI to Employer only when permitted under GLBA. For the avoidance of doubt, Personal Information provided by or through an employer, health plan or health insurer to HQY (in its capacity as an HSA custodian) for HSA- related purposes is not provided as a plan service under the BAA (as defined below). Rather such Personal Information constitutes account information subject to GLBA and is not considered HIPAA protected health information (“PHI”).
GLBA. The Xxxxx-Xxxxx-Xxxxxx Act of 1999 as amended, modified, or supplemented from time to time, and any successor statute, and all rules and regulations issued or promulgated in connection therewith. Governmental Authority: Any court, board, agency, State Agency, commission, office or other authority or quasi-governmental authority or self-regulatory organization of any nature whatsoever for any governmental unit (foreign, federal, state, county, district, municipal, city or otherwise) whether now or hereafter in existence. Governmental Entity: Each of FHA, USDA and VA, as applicable.
GLBA. The Xxxxx-Xxxxx-Xxxxxx Act of 1999 as amended, modified, or supplemented from time to time, and any successor statute, and all rules and regulations issued or promulgated in connection therewith. Governmental Authority: Any court, board, agency, commission, office or other authority or quasi-governmental authority or self-regulatory organization of any nature whatsoever for any governmental unit (foreign, federal, state, county, district, municipal, city or otherwise) whether now or hereafter in existence. HAMP: The Home Affordable Modification Program implemented by the United States Department of Treasury pursuant to Section 101 and 109 of the Emergency Economic Stabilization Act of 2008, as the same may be amended or modified. HUD: The United States Department of Housing and Urban Development, or any successor thereto. In-process Loan Modification: A trial or permanent loan modification offered by the Subservicer, Agency or any prior servicer that was either accepted by the Mortgagor or for which the time for the Mortgagor to accept the offer has not expired and the offer has not been rejected. The term also means and includes (a) trial modifications in which the Subservicer, Agency or any prior servicer agreed to modify the payment terms of the Mortgage Loan unless the Subservicer or a prior servicer has clear written evidence that the Mortgagor has failed to perform under the trial loan modification terms and (b) modifications in which the Mortgagor completed making the trial payments, but the permanent modification was not input into the Subservicer or any prior servicer’s system. Insurer: FHA, VA, USDA or any private mortgage insurer, pool insurer and any insurer or guarantor under any standard hazard insurance policy, any federal flood insurance policy, any title insurance policy, any earthquake insurance policy or other insurance policy, and any successor thereto, with respect to the Mortgage Loan or the Mortgaged Property.
GLBA. To the extent that any information obtained by the Receiving Party is “nonpublic personal information” about “consumers” or “customers” as such terms are defined in GLBA and in regulations issued thereunder (collectively, “Consumer Data”), then in addition to the obligations of the Receiving Party under this Section 7, the Receiving Party agrees that it will not disclose or use such Consumer Data provided to it by the Disclosing Party under this Agreement other than to carry out the purpose of this Agreement or in any manner prohibited by the GLBA or the regulations issued thereunder. The Receiving Party further covenants and agrees to maintain appropriate measures designed to meet the objectives of the applicable guidelines establishing information security standards as adopted by any federal regulatory agencies having jurisdiction over Receiving Party’s affairs. These measures include appropriate disposal of Consumer Data, as required, and taking appropriate actions to address incidents of unauthorized access to sensitive Consumer Data, including notification to the other Party as soon as possible of any such incident. Without limiting the foregoing, each Party represents and warrants that its information security program is designed to: (i) ensure the security and confidentiality of Consumer Data; (ii) protect against any anticipated threats or hazards to the security or integrity of such data; and (iii) protect against unauthorized access to or use of such data that could result in substantial harm or inconvenience to any consumer.
GLBA. To the extent the Xxxxx-Xxxxx-Xxxxxx Act applies, Supplier expressly understands and acknowledges that Supplier may have access to, or VWGoA may disclose to Supplier, “non-public personal information” (“NPPI”), as such term is defined in Regulation P issued by the Consumer Financial Protection Bureau. Without limiting any other obligations in this Addendum, the following shall apply to NPPI:
(a) Supplier will use or disclose NPPI only as strictly necessary to carry out the purposes for which VWGoA is disclosing the information to Supplier.
(b) Supplier has implemented and will continue to maintain safeguards reasonably designed to
(i) ensure the security and confidentiality of NPPI; (ii) protect against any anticipated threats to or hazards to the security or integrity of NPPI; and (iii) protect against unauthorized access to or use of NPPI that could result in substantial harm or inconvenience to any individual.
GLBA. The Xxxxx-Xxxxx-Xxxxxx Act of 1999 as amended, modified, or supplemented from time to time, and any successor statute, and all rules and regulations issued or promulgated in connection therewith. Governmental Authority: Any U.S. federal, state, or local government, or political subdivision thereof, or other entity exercising valid executive, legislative, judicial, regulatory, or administrative functions.
GLBA. The Xxxxx-Xxxxx-Xxxxxx Act of 1999, as amended. Governmental Entity: Any federal, state or local governmental authority, agency, commission or court or self-regulatory authority or commission. Xxxxxxx Confidential Information: Any and all of the following, in any form: software, intellectual property, agreements, notes, memorandum, policies, client lists, client data, Consumer Information, and any other information which relates to Xxxxxxx’x business procedures, servicing fees, activities, systems, practices or prices, data processing, research and development, trade secrets or business affairs and any summaries or compilations of any of the foregoing. For purposes of this Agreement, Xxxxxxx Confidential Information shall also include the information that a reasonable businessperson would understand to be not publicly available, which is discussed or exchanged in anticipation of or during discussions between Xxxxxxx and New Servicer. Xxxxxxx Material Adverse Effect: A material and adverse effect on (a) the ability of Xxxxxxx to consummate the Transactions or perform its obligations under the Transaction Documents, or (b) the ability of New Servicer to service the Mortgage Loans; provided, that, for purposes of this Agreement, a Xxxxxxx Material Adverse Effect shall not include any such effect to the extent resulting from (i) changes to the housing or mortgage market or the mortgage servicing industry generally; (ii) the announcement or disclosure of the Transactions; (iii) general economic, regulatory or political conditions or changes in the United States, including with respect to financial, banking or securities markets; (iv) military action or acts of terrorism or (v) changes in law or the Applicable Requirements that become effective after the date hereof that Xxxxxxx is required to adopt in accordance therewith. Insurer:
GLBA. If Contractor shall receive, maintain, process or otherwise be permitted access to “customer information”, as that term is defined in § 314.2(b) of the FTC Safeguard Rule, 16 C.F.R. § 314, and therefore is a “service provider” as defined by 16 C.F.R. § 314.2(d), then Contractor agrees to the following additional terms and conditions:
(a) Throughout the term of the Underlying Agreement, Contractor shall implement and maintain “appropriate safeguards”, as that term is used in § 314.4(d) of the FTC Safeguard Rule, 16 C.F.R. § 314, for all customer information received, maintained, processed, or otherwise accessed by
(b) Contractor shall notify the University, in writing, of each instance of (i) unauthorized access to or use of any customer information that could result in substantial harm or inconvenience to a customer of the University or (ii) unauthorized disclosure, misuse, alteration, destruction or other compromise of any customer information, within seventy-two (72) hours of occurrence or discovery. Within 30 days of the termination or expiration of the Underlying Agreement, Service Provider shall destroy all records, electronic or otherwise, in its or its agents' possession that contains such customer information and shall deliver a written certification of the destruction to the University.
(c) Contractor consents, upon reasonable advance notice, to University's right to conduct an on-site audit of Contractor’s security program.
(d) Notwithstanding any other provisions of this Addendum, University may terminate the Underlying Agreement for cause if Contractor has allowed a material breach of its security program, if Contractor has lost or materially altered customer information, or if the University reasonably determines that Contractor’s security program is inadequate.
(e) Contractor shall defend, indemnify, and hold harmless University, its agents, officers, board members, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, for any claims arising out of or in any way relating to any allegations of security breaches, violations of the Safeguard Rule caused by Contractor’s negligence, intentional acts or omissions, or any loss or material alteration of customer information.
(f) Contractor shall reimburse the University for any damages, including but not limited to any costs required to reconstruct lost or altered information, resulting from any security breach, loss, or alteration of ...
