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 in all respects with (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise 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. 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 (Wells Real Estate Investment Trust Iii Inc), Dealer Manager Agreement (Wells Timberland REIT, Inc.), Dealer Manager Agreement (Wells Real Estate Investment Trust Ii Inc)

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Privacy Laws. The Dealer Manager and Dealer Counterparty (each referred to individually in this section as a partyParty”) agree as follows: A. 9.1. Each party Party agrees to abide by and comply in all respects with (ai) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBAGLB Act”) and the applicable regulations promulgated thereunder, (bii) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (ciii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer 9.2. The Counterparty shall not disclose nonpublic personal information (as defined under the GLBAGLB Act) of all customers who have opted out of such disclosures, disclosures except to service providers (when necessary and as permitted under the GLBAGLB Act) or as otherwise required by applicable law. C. 9.3. Except as expressly permitted under the FCRA, Dealer the Counterparty shall not disclose any information that would be considered a “consumer report” under the FCRA; and. D. Dealer 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 Party expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party Party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party Party understands that 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 3 contracts

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

Privacy Laws. The Dealer Manager and the 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 (a) the a)the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. 12.2 The Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law. C. 12.3 Except as expressly permitted under the FCRA, the Dealer shall not disclose any information that would be considered a “consumer report” under the FCRA; and. D. 12.4 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 (Plymouth Opportunity REIT Inc.), Dealer Manager Agreement (Plymouth Opportunity REIT Inc.), Dealer Manager Agreement (Plymouth Opportunity REIT 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 (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. 12.2. Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law; C. 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. 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 (KBS Real Estate Investment Trust III, Inc.), Dealer Manager Agreement (KBS Strategic Opportunity REIT, Inc.), Dealer Manager Agreement (Passco Apartment 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 in all respects with (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise 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. 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 (Wells Core Office Income Reit Inc), Dealer Manager Agreement (Wells Core Office Income 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 (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer shall not disclose (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law; C. (c) Except as expressly permitted under the FCRA, Dealer each party shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. (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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 Multifamily Reit I Inc), Dealer Manager Agreement (Behringer Harvard Multifamily Reit I Inc)

Privacy Laws. The Dealer Manager and the 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 (a) the a)the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 ("GLBA") and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act ("FCRA") and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. 12.2 The Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law. C. 12.3 Except as expressly permitted under the FCRA, the Dealer shall not disclose any information that would be considered a "consumer report" under the FCRA; and. D. 12.4 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 (Plymouth Opportunity REIT Inc.), Dealer Manager Agreement (Plymouth Opportunity REIT Inc.)

Privacy Laws. The Dealer Manager Company and Dealer Investment Advisor (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 (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBAGLB Act”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer shall not disclose (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLBAGLB Act) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBAGLB Act) or as otherwise required by applicable law; C. (c) Except as expressly permitted under the FCRA, Dealer each party shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Dealer (d) Investment Advisor 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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.)

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Privacy Laws. The Dealer Manager and Dealer Investment Advisor (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 (a) the privacy standards and requirements of the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time.; B. Dealer shall not disclose (b) Each party agrees to refrain from the use or disclosure of nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law; C. (c) Except as expressly permitted under the FCRA, Dealer each party shall not disclose any information that would be considered a “consumer report” under the FCRA; and D. Dealer (d) Investment Advisor 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 Multifamily Reit I Inc), Dealer Manager Agreement (Behringer Harvard Multifamily Reit I 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 in all respects with (ai) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBAGLB Act”) and the applicable regulations promulgated thereunder, (bii) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (ciii) its own internal privacy policies and procedures, each as may be amended from time to time. B. Dealer 9.2. The Counterparty shall not disclose nonpublic personal information (as defined under the GLBAGLB Act) of all customers who have opted out of such disclosures, disclosures except to service providers (when necessary and as permitted under the GLBAGLB Act) or as otherwise required by applicable law. C. 9.3. Except as expressly permitted under the FCRA, Dealer the Counterparty shall not disclose any information that would be considered a “consumer report” under the FCRA; and. D. Dealer 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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. EAST\43209550.1 8/12/10

Appears in 1 contract

Samples: Dealer Manager Agreement (Resource Real Estate Opportunity REIT, 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 (a) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. 12.2 Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law; C. 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. 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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 1 contract

Samples: Dealer Manager Agreement (KBS Real Estate Investment Trust 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 (a) the privacy standards and requirements of the XxxxxGxxxx-Xxxxx-Xxxxxx Act of 1999 (“GLBA”) and applicable regulations promulgated thereunder, (b) the privacy standards and requirements of any other applicable federal or state law, including the Fair Credit Reporting Act (“FCRA”) and (c) its own internal privacy policies and procedures, each as may be amended from time to time. B. (b) Dealer shall not disclose nonpublic personal information (as defined under the GLBA) of all customers who have opted out of such disclosures, except to service providers (when necessary and as permitted under the GLBA) or as otherwise required by applicable law; C. (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. (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 expects to use or disclose nonpublic personal information of any customer for purposes other than servicing the customer, or as otherwise required by applicable law, that party must first consult the List to determine whether the affected customer has exercised his or her opt-out rights. Each party understands that 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 1 contract

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

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