Personal and Protected Information Sample Clauses

Personal and Protected Information. Application of this clause 41.1 This clause 41 applies only where the Provider deals with Personal Information for the purpose of conducting the Services under this Agreement. 41.2 In this clause 41, the terms ‘agency’, ‘APP code’, ‘contracted service provider’, 'eligible data breach', 'organisation', ‘sensitive information’, and ‘Australian Privacy Principle’ (APP) have the same meaning as they have in section 6 of the Privacy Act, and ‘subcontract’ and other grammatical forms of that word have the meaning given in section 95B(4) of the Privacy Act. 41.3 The Provider acknowledges that it is a contracted service provider and agrees in respect to the conduct of the Services under this Agreement: to use or disclose Personal Information, including sensitive information, obtained in the course of conducting the Services, only for the purposes of this Agreement or where otherwise permitted under the Privacy Act; except where this clause expressly requires the Provider to comply with an APP that applies only to an organisation, to carry out and discharge the obligations contained in the APPs as if it were an agency; not to do any act or engage in any practice that if done or engaged in by an agency or, where relevant, an organisation, would be a breach of an APP; to notify individuals whose Personal Information it holds, that: complaints about its acts or practices may be investigated by the Information Commissioner who has power to award compensation against the Provider in appropriate circumstances; and their Personal Information may be disclosed and passed on to the Department and to other persons in relation to providing the Services; unless expressly authorised or required under this Agreement, not engage in any practice that would breach any registered APP code that is applicable to the Provider; to comply with any request under section 95C of the Privacy Act; to comply with any directions, guidelines, determinations, rules or recommendations of the Information Commissioner to the extent that they are consistent with the requirements of this clause 41; not to transfer Personal Information outside Australia, or to allow parties outside Australia to have access to it, without the prior written approval of the Department; to its name being published in reports by the Information Commissioner; if the Provider suspends or terminates Personnel: to remove any access that the Personnel have to any Personal Information; and to require that the Personnel return to t...
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Personal and Protected Information. Application of this clause
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Personal and Protected Information. 20.1. Clauses 20.2 and 20.3 apply only where the Organisation deals with Personal Information for the purpose of conducting the Project under this Agreement, and the terms ‘agency’, ‘APP Code’, ‘contracted service provider’, ‘organisation’, ‘sensitive information’ and ‘Australian Privacy Principle’ (APP) have the same meaning as they have in section 6 of the Privacy Act, and ‘subcontract’ and other grammatical forms of that word have the meaning given in section 95B(4) of the Privacy Act.
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Personal and Protected Information. 34.1 The Provider must: (a) in relation to any ‘personal information’ as defined in the Privacy Act 1988, comply with that Act as if it were an ‘agency’ within the meaning of that Act; and (b) comply with any request, directions, guidelines, determinations or recommendations of the Department to the extent that they are consistent with the requirements of this clause 34. 34.2 The Provider must ensure that when handling Protected Information, it complies with the requirements under Division 3 [Confidentiality] of Part 5 of the Social Security (Administration)
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Related to Personal and Protected Information

  • Confidential and Proprietary Information 12.1 Consultant acknowledges that it and its employees or agents may, in the course of performing their responsibilities under this Agreement, be exposed to or acquire information that is confidential to County. Any and all information of any form obtained by Consultant or its employees or agents from County in the performance of this Agreement shall be deemed to be confidential information of County ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Consultant shall be treated with respect to confidentiality in the same manner as the Confidential Information. Confidential Information shall be deemed not to include information that (a) is or becomes (other than by disclosure by Consultant) publicly known or is contained in a publicly available document; (b) is rightfully in Consultant's possession without the obligation of nondisclosure prior to the time of its disclosure under this Agreement; or (c) is independently developed by employees or agents of Consultant who can be shown to have had no access to the Confidential Information. 12.2 Consultant agrees to hold Confidential Information in strict confidence, using at least the same degree of care that Consultant uses in maintaining the confidentiality of its own confidential information, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the provision of Services to County hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Consultant shall use its best efforts to assist County in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limitation of the foregoing, Consultant shall advise County immediately in the event Consultant learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and Consultant will at its expense cooperate with County in seeking injunctive or other equitable relief in the name of County or Consultant against any such person. Consultant agrees that, except as directed by County, Consultant will not at any time during or after the term of this Agreement disclose, directly or indirectly, any Confidential Information to any person, and that upon termination of this Agreement or at County's request, Consultant will promptly turn over to County all documents, papers, and other matter in Consultant’s possession which embody Confidential Information. 12.3 Consultant acknowledges that a breach of this Section, including disclosure of any Confidential Information, or disclosure of other information that, at law or in equity, ought to remain confidential, will give rise to irreparable injury to County that is inadequately compensable in damages. Accordingly, County may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Consultant acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interest of County and are reasonable in scope and content. 12.4 Consultant in providing all services hereunder agrees to abide by the provisions of any applicable Federal or State Data Privacy Act. 12.5 Consultant expressly acknowledges that County is subject to the Texas Public Information Act, TEX. GOV’T CODE XXX. §§ 552.001 et seq., as amended, and notwithstanding any provision in the Agreement to the contrary, County will make any information related to the Agreement, or otherwise, available to third parties in accordance with the Texas Public Information Act. Any proprietary or confidential information marked as such provided to County by Consultant shall not be disclosed to any third party, except as directed by the Texas Attorney General in response to a request for such under the Texas Public Information Act, which provides for notice to the owner of such marked information and the opportunity for the owner of such information to notify the Attorney General of the reasons why such information should not be disclosed.

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