Common use of INFORMATION AND PROSPECTS Clause in Contracts

INFORMATION AND PROSPECTS. The names, addresses and other information relating to prospects or leads for the Contracts acquired by Investment Services or its Affiliates or its agents or representatives in connection with marketing activities shall be the exclusive property of, and shall be exclusively owned by, Investment Services or its Affiliates, as the case may be. The records created and maintained by Security Benefit, or by any subcontractor on behalf of such Company, that pertain to Contract owners and the servicing and administration of the Contracts shall be the exclusive property of, and shall be exclusively owned by, Security Benefit. However, to the extent that any information may come to the attention of Security Benefit or any Affiliate thereof, or be entered into the records created or maintained by or on behalf of such Company or an Affiliate thereof, as a result of its relationship with Investment Services or an Affiliate thereof and not from an independent source, such information shall be kept confidential and shall not be used by Security Benefit or its Affiliates, or their respective agents or employees for any purpose, including but not limited to any marketing purpose, except in connection with the performance of its duties and responsibilities hereunder or under a Related Agreement or under the Contracts. In no event shall the names and addresses of such customers and prospective customers be furnished by Security Benefit or its Affiliate, or any agent or subcontractor thereof, to any other company or person (except as required by law or regulation and then only upon prior written notice to Investment Services).