Common use of Privacy and Confidential Information Clause in Contracts

Privacy and Confidential Information. 10.1 Each party acknowledges that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each Trust’s own internal information security programs and guidelines. The Company will reasonably assist each Trust with the delivery of each Trust(s) privacy promise. 10.2 Each party agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the parties. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party MMLIC acknowledges that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company MMLIC will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party MMLIC agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party The Company acknowledges that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party The Company agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure re-disclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party CML acknowledges that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Xxxxx- Bliley Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company CML will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party CML agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 15USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party MMLIC acknowledges that they must comply with the information security standards of the XxxxxGxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“XxxxxGxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company MMLIC will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party MMLIC agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the XxxxxGxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party acknowledges The parties each acknowledge that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each Trust’s own internal information security programs and guidelines. The Company will reasonably assist each Trust in conforming to and complying with the any and all information protection policies, including delivery of each Trust(s) privacy promise. 10.2 Each party agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by each Trust or the partiesAdvisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. Each party shall establish administrative, physical and technical safeguards to ensure the security and confidentiality of all Confidential Information, and to protect against unauthorized access to or disclosure of Confidential Information. Recipient will promptly notify Discloser of any unauthorized use, access or disclosure of Confidential Information. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party The Company acknowledges that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“"Xxxxx-Xxxxx-Xxxxxx Act”") and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “"non-public personal information” " (“"Protected Information”"), as well as each the Trust’s 's own internal information security programs and guidelines. The Company will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each Trust(s) the Trust privacy promise. 10.2 Each party The Company agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“"Discloser”") discloses to another party (“"Recipient”"), or to which the Recipient obtains access to and relates to the Discloser, each Trust(s)the Trust, the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “"need to know” " basis and then only to: (a) Recipient’s 's employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s 's reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “"public information” " by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party The Company acknowledges that they must comply with the all applicable information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other applicable statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each Trust’s own internal information security programs and guidelines. The Company will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party The Company agrees to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each Trust(s)the Trust, the AdvisorAdvisor [not defined], and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. 10.4 The Trust and Distributor acknowledge that they must comply with all applicable information security standards of the Xxxxx-Xxxxx-Xxxxxx Act and all regulations under said Act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding Protected Information. The Trust and Distributor agree to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.5 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, the Company, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Has been approved Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for release which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by written agreement law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the Trust or the Distributor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (fc) Has been disclosed pursuant to Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the requirements obligation of law, regulation, or court orderconfidentiality.

Privacy and Confidential Information. 10.1 Each party acknowledges The Company, the Trust, the Adviser and the Distributor each acknowledge that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all applicable regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each Trust(s) the Trust privacy promise. 10.2 Each party agrees The Company, the Trust, the Adviser and the Distributor each agree to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information (“Confidential Information”) shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each Trust(s)the Company, the Trust, the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information Information includes, but is not limited to: (a) Any and all proprietary information. (b) Data. (c) Trade secrets. (d) Business information. (e) Customer and Customer account information information. The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose any Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. Each party shall establish administrative, physical and technical safeguards to ensure the security and confidentiality of all Confidential Information, and to protect against unauthorized access to or disclosure of Confidential Information. Recipient will promptly notify Discloser of any unauthorized use, access or disclosure of Confidential Information. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party acknowledges The Companies acknowledge that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company Companies will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party agrees The Companies agree to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure re-disclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.

Privacy and Confidential Information. 10.1 Each party acknowledges The Companies acknowledge that they must comply with the information security standards of the Xxxxx-Xxxxx-Xxxxxx Act (15 USC 6801, 6805(b)(1)) (“Xxxxx-Xxxxx-Xxxxxx Act”) and all regulations under said act, as well as all other statutory and regulatory acts and requirements including the SEC Regulation S-P sections regarding “non-public personal information” (“Protected Information”), as well as each the Trust’s own internal information security programs and guidelines. The Company Companies will reasonably assist each the Trust in conforming to and complying with the any and all information protection policies, including delivery of each the Trust(s) privacy promise. 10.2 Each party agrees The Companies agree to not disclose or use Protected Information except in the ordinary course of business as necessary to carry out the terms of this Agreement and in compliance with Regulation S-P including, but not limited to, Section 11 of Regulation S-P, and other applicable Federal and state statutes and regulations regarding privacy of consumer information. 10.3 Confidential information shall mean information that a party (“Discloser”) discloses to another party (“Recipient”), or to which the Recipient obtains access to and relates to the Discloser, each the Trust(s), the Advisor, and/or a third-party supplier or licensor who has made confidential or proprietary information available to another party. Confidential information includes, but is not limited to: (a) Any and all proprietary information (b) Data (c) Trade secrets (d) Business information (e) Customer and Customer account information The Recipient shall not disclose or use confidential information other than in the course of ordinary business to carry out the purpose for which the confidential information was provided to the Recipient. The Recipient shall not disclose Customer information on other than a “need to know” basis and then only to: (a) Recipient’s employees or officers. (b) Affiliates of Recipient provided they would be restricted in use and redisclosure re-disclosure to the same extent as the Recipient. (c) Selected subcontractors who have entered into confidentiality agreements no less restrictive that the terms of this Agreement. (d) Any exceptions as listed in 15 USC 6802(e) and/or other associated regulations established under the Xxxxx-Xxxxx-Xxxxxx Act or other Federal and/or state statutes. Before any disclosure of confidential information as required by law, the Recipient must notify the Discloser of any actual or threatened legal compulsion of disclosure and/or any legal obligation of disclosure immediately upon becoming obligated. The Recipient must also cooperate with the Discloser’s reasonable, lawful effort to resist, limit, or delay disclosure. Any requests or demands for confidential information by any applicable regulator shall not require notification or any other action by the partiesTrust or the Advisor. These confidentiality obligations do not apply to information which: (a) Recipient already rightfully possesses when given by Discloser. (b) Recipient develops independently of the Discloser. (c) Becomes “public information” by methods other than by breach of this section. (d) Recipient rightfully receives from a third party without the obligation of confidentiality. (e) Has been approved for release by written agreement with the Discloser. (f) Has been disclosed pursuant to the requirements of law, regulation, or court order.