Common use of Privacy Laws Clause in Contracts

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 28 contracts

Samples: Dealer Manager Agreement (Phillips Edison Grocery Center REIT III, Inc.), Dealer Manager Agreement (Strategic Student & Senior Housing Trust, Inc.), Dealer Manager Agreement (Phillips Edison Grocery Center REIT III, Inc.)

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Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as a “party”) agree as follows: A. 12.1 Each party agrees to abide by and comply in all respects with (1a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB ActGLBA)) and applicable regulations promulgated thereunder, (2b) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3c) its own internal privacy policies and procedures, each as may be amended from time to time. B. 12.2 Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; 12.3 Except as expressly permitted under the FCRA, Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party 12.4 Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 25 contracts

Samples: Dealer Manager Agreement (KBS Growth & Income REIT, Inc.), Dealer Manager Agreement (KBS Strategic Opportunity REIT II, Inc.), Dealer Manager Agreement (KBS Strategic Opportunity REIT II, Inc.)

Privacy Laws. The Dealer Manager and Dealer Counterparty (each referred to individually in this section as a “party”) agree as follows: A. 9.1. Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)) and the applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of 9.2. The Counterparty shall not disclose nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service providers (when necessary and as permitted under the customers GLB Act) or as otherwise necessary or required by applicable law; and. D. Each party 9.3. Except as expressly permitted under the FCRA, the Counterparty shall not disclose any information that would be considered a “consumer report” under the FCRA. 9.4. The Counterparty shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures. 9.5. The Counterparty agrees to provide all purchasers (or Beneficiaries, if the law governing Bank’s relationship to a Beneficiary so dictates) both initial and annual privacy notices as required pursuant to Rule 6(a) of the SEC’s Regulation S-P.

Appears in 13 contracts

Samples: Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB ActGLBA)) and applicable regulations promulgated thereunder, (2b) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3c) its own internal privacy policies and procedures, each as may be amended from time to time. B. (b) Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 13 contracts

Samples: Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.)

Privacy Laws. The Dealer Manager and the Dealer (each referred to individually in this section as “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)) and applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”), and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service providers (when necessary and as permitted under the customers GLB Act) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, each party shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) The Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 9 contracts

Samples: Dealer Manager Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Dealer Manager Agreement (Priority Income Fund, Inc.), Dealer Manager Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ) and Regulation S-P; (2ii) the privacy standards and requirements of any other applicable Federal or state law, ; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic non-public personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. (c) Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic non-public personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by each to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic non-public personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic non-public personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 9 contracts

Samples: Dealer Manager Agreement (Eagle Point Institutional Income Fund), Participating Broker Dealer Agreement (Oak Street Net Lease Trust), Participating Broker Dealer Agreement (Blue Owl Real Estate Net Lease Trust)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section Section XIX as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ; (2ii) the privacy standards and requirements of any other applicable Federal or state law, ; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each (c) The Participating Broker-Dealer party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by the Participating Broker-Dealer to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 5 contracts

Samples: Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.), Dealer Manager Agreement (RREEF Property Trust, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement.; C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Griffin-American Healthcare REIT IV, Inc.), Dealer Manager Agreement (Griffin-American Healthcare REIT IV, Inc.), Dealer Manager Agreement (Griffin-American Healthcare REIT 4, Inc.)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section Section XIX as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ; (2ii) the privacy standards and requirements of any other applicable Federal or state law, including without limitation the Commission’s Regulation S-P; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary permitted or required by applicable law; and D. (c) Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by each to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ) and Regulation S-P; (2ii) the privacy standards and requirements of any other applicable Federal or state law, ; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic non-public personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. (c) Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic non-public personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by each to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic non-public personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic non-public personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Distribution Agreement (Eagle Point Enhanced Income Trust), Dealer Manager Agreement (Eagle Point Institutional Income Fund), Dealer Manager Agreement (Owl Rock Core Income Corp.)

Privacy Laws. (a) The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section as a “party”) agree as follows: A. (i) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ) and Regulation S-P promulgated under the Securities Act; (2ii) the privacy standards and requirements of any other applicable Federal or federal and state law, ; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (ii) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. (iii) Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by each to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Participating Broker Dealer Agreement (Fortress Credit Realty Income Trust), Participating Broker Dealer Agreement (Fortress Credit Realty Income Trust), Participating Broker Dealer Agreement (Fortress Net Lease REIT)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section Section XIX as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ; (2ii) the privacy standards and requirements of any other applicable Federal or state law, ; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each (c) The Participating Broker-Dealer party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by the Participating Broker-Dealer to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.), Participating Broker Dealer Agreement (Procaccianti Hotel Reit, Inc.), Dealer Manager Agreement (Procaccianti Hotel Reit, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)GLBA and applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. (b) Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List“ List ”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Resource Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Income Opportunity REIT, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Phillips Edison Grocery Center REIT III, Inc.), Dealer Manager Agreement (Phillips Edison Grocery Center REIT III, Inc.), Dealer Manager Agreement (Phillips Edison Grocery Center REIT III, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)GLBA and applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. (b) Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “ List List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Resource Real Estate Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Real Estate Innovation Office REIT, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)) and applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”), and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service providers (when necessary and as permitted under the customers GLB Act) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, each party shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.), Dealer Manager Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Privacy Laws. The Dealer Manager Company and Dealer NCPS (each referred to individually in this section Section as a “party”) agree agree, and in its agreements with Dealers will require the Dealers to agree, as follows: A. i. Each party agrees to abide by and comply in all respects with (1a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB ActGLBA)) and applicable regulations promulgated thereunder, (2b) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3c) its own internal privacy policies and procedures, which are no less rigorous than accepted industry standard policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under ii. NCPS and the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of Dealers shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; and; D. Each party iii. Except as expressly permitted under the FCRA, NCPS and the Dealers shall not disclose any information that would be considered a “consumer report” under the FCRA; iv. NCPS and the Dealers shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures. v. The provisions of this Section 29 shall survive the termination of this Agreement.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Concreit Fund I LLC), Dealer Manager Agreement (BRIX REIT, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply in all respects with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”)GLBA and applicable regulations promulgated thereunder, (2ii) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. (b) Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; (c) Except as expressly permitted under the FCRA, Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Each party (d) Dealer shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Resource Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Innovation Office REIT, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her the customer’s opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Strategic Storage Trust VI, Inc.), Dealer Manager Agreement (Strategic Storage Trust VI, Inc.)

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Privacy Laws. The Managing Broker-Dealer Manager and Dealer (each referred to individually in this section as “partyParty”) agree as follows: A. Each party Party agrees to abide by and comply with (1) the privacy standards and requirements of the XxxxxGrxxx-Xxxxx-Xxxxxx Act Xct of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares Bonds made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party Party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party Party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party Party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party Party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 2 contracts

Samples: Managing Broker Dealer Agreement (Lighthouse Life Capital, LLC), Managing Broker Dealer Agreement (Lighthouse Life Capital, LLC)

Privacy Laws. The Dealer Manager Sales Agent and Dealer (each referred to individually in this section as a “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares Units made by its customers pursuant to this Participating Dealer Selling Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Participating Dealer or Selling Agreement (KeyStone Solutions, Inc.)

Privacy Laws. The Dealer Manager Sales Agent and Dealer (each referred to individually in this section as a “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Selling Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Participating Dealer or Selling Agreement (Medalist Diversified REIT, Inc.)

Privacy Laws. The Dealer Manager and Participating Broker-Dealer (each referred to individually in this section Section XXI as a “party”) agree as follows: A. (a) Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), ; (2ii) the privacy standards and requirements of any other applicable Federal or state law, including without limitation the Commission’s Regulation S-P; and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary permitted or required by applicable law; and D. (c) Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) as provided by each to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) hereby agree as follows: A. Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act of 1999 ("GLB Act"), (2ii) the privacy standards and requirements xxx xxxxxxxxxxxx of any other applicable Federal or state law, and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Selected Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the "List") to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (Hines Real Estate Investment Trust Inc)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as "party") agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 ("GLB Act"), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the "List") to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (Strategic Storage Trust, Inc.)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as "party") agree as follows: A. Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 ("GLB Act"), (2ii) the privacy standards and requirements of any other applicable Federal or state law, and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Selected Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the "List") to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (Hines Real Estate Investment Trust Inc)

Privacy Laws. The Dealer Manager Company and Dealer NCPS (each referred to individually in this section Section as a “party”) agree agree, and in its agreements with Dealers will require the Dealers to agree, as follows: A. i. Each party agrees to abide by and comply in all respects with (1a) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB ActGLBA)) and applicable regulations promulgated thereunder, (2b) the privacy standards and requirements of any other applicable Federal federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (3c) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under ii. NCPS and the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of Dealers shall not disclose nonpublic personal information (as defined under the GLB ActGLBA) of all customers who have opted out of such disclosures disclosures, except as necessary to service providers (when necessary and as permitted under the customers GLBA) or as otherwise necessary or required by applicable law; and; D. Each party iii. Except as expressly permitted under the FCRA, NCPS and the Dealers shall not disclose any information that would be considered a “consumer report” under the FCRA; iv. NCPS and the Dealers shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-opt- out rights. In the event either party uses expects to use or discloses disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each it is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures. v. The provisions of this Section 29 shall survive the termination of this Agreement.

Appears in 1 contract

Samples: Dealer Manager Agreement (Platform Ventures Diversified Housing REIT, LLC)

Privacy Laws. The Each Dealer Manager and Dealer (each referred to individually in this section as “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (Strategic Storage Trust, Inc.)

Privacy Laws. The Managing Broker-Dealer Manager and Dealer (each referred to individually in this section as “party”"Party") agree as follows: A. Each party Party agrees to abide by and comply with (1) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 ("GLB Act"), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares Bonds made by its customers pursuant to this Participating Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party Party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the "List") to identify customers that have exercised their opt-out rights. In the event either party Party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party Party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party Party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Participating Dealer Agreement (GK Investment Holdings, LLC)

Privacy Laws. The Dealer Manager and Dealer (each referred to individually in this section as “party”) hereby agree as follows: A. Each party agrees to abide by and comply with (1i) the privacy standards and requirements of the XxxxxGramm-XxxxxLeach-Xxxxxx Bliley Act of 1999 ("GLB Act"), (2ii) the privacy standards and requirements standardx xxx xxxxxxxxxxxx of any other applicable Federal or state law, and (3iii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Selected Dealer Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the "List") to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Dealer Manager Agreement (SKB REIT, Inc.)

Privacy Laws. The Dealer Manager Sales Agent and Dealer (each referred to individually in this section as a “party”) agree as follows: A. Each party agrees to abide by and comply with (1) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLB Act”), (2) the privacy standards and requirements of any other applicable Federal or state law, and (3) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer agrees to provide privacy policy notices required under the GLB Act resulting from purchases of Shares made by its customers pursuant to this Participating Dealer Selling Agreement. C. Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLB Act) of all customers who have opted out of such disclosures except as necessary to service the customers or as otherwise necessary or required by applicable law; and D. Each party shall be responsible for determining which customers have opted out of the disclosure of nonpublic personal information by periodically reviewing and, if necessary, retrieving a list of such customers (the “List”) to identify customers that have exercised their opt-out rights. In the event either party uses or discloses nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party will consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that each is prohibited from using or disclosing any nonpublic personal information of any customer that is identified on the List as having opted out of such disclosures.

Appears in 1 contract

Samples: Participating Dealer or Selling Agreement (To the Stars Academy of Arts & Science Inc.)

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