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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: 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.)

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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: 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 (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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: 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. (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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: 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 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 G▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: 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 “party”) agree as follows: A. Each party agrees to abide by and comply in all respects with (1a) the privacy standards and requirements of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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 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 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 3 contracts

Sources: Dealer Manager Agreement (Wells Real Estate Investment Trust Iii Inc), Dealer Manager Agreement (Wells Timberland REIT, Inc.), Dealer Manager Agreement (Wells Real Estate Investment Trust Ii 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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: Dealer Manager Agreement (Strategic Storage Trust VI, Inc.), Dealer Manager Agreement (Strategic Storage Trust VI, 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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: Dealer Manager Agreement (Strategic Storage 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 Gramm-Leach-Bliley Act of 1999 ("GLB Act"), (ii) the privacy standards ▇▇▇ ▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇ Act of 1999 (“GLB Act”), (2) 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

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

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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: Dealer Manager Agreement (Strategic Storage 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 Gramm-Leach-Bliley Act of 1999 ("GLB Act"), (ii) the privacy standard▇ ▇▇▇ ▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇ Act of 1999 (“GLB Act”), (2) 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

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

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 (1A) the privacy standards and requirements of the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act of 1999 (“GLB Act”), ) and Regulation S-P promulgated under the Securities Act; (2B) the privacy standards and requirements of any other applicable Federal or federal and state law, ; 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 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 1 contract

Sources: Participating Broker Dealer Agreement (Fortress Credit Realty Income Trust)

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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: Participating Dealer or Selling Agreement (Medalist Diversified 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 G▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

Sources: Participating Dealer or Selling Agreement (To the Stars Academy of Arts & Science 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 ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ 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

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