Privacy Matters. (a) Caza covenants and agrees to advise the Offeror of all purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure.
(b) The Offeror covenants and agrees to:
(i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including the determination to complete such transactions;
(ii) after the completion of the transactions contemplated herein:
(a) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless:
(i) Caza or the Offeror has first notified such individual of such additional purpose, and where required by law, obtained the consent of such individual to such additional purpose, or
(ii) such use or disclosure is permitted or authorized by law, without notice to, or consent from, such individual;
(b) where required by law, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, and
(c) return or destroy the Transferred Information, at the option of Caza, should the transactions contemplated herein not be completed.
Privacy Matters. (a) For the purposes of this Section 4.26 only, the following definitions shall apply:
Privacy Matters a) Notwithstanding the other provisions of this Agreement and the Confidentiality Agreement, this Section 6.02 shall apply with respect to Personal Information.
b) Each Party acknowledges that it is responsible for compliance at all times with Privacy Laws which govern the collection, use and disclosure of Personal Information transferred to it by another Party in the course of the due diligence process leading to this Agreement or pursuant to or in connection with this Agreement ("Disclosed Personal Information").
c) No Party shall use Disclosed Personal Information for any purposes other than those related to the performance of this Agreement and the completion of the Arrangement.
d) Each Party acknowledges and confirms that the disclosure of Personal Information is necessary for the purposes of determining if the Parties shall proceed with the Arrangement, and that the disclosure of Personal Information relates solely to the carrying on of the business of the Company and the completion of the Arrangement.
e) Each of Party acknowledges and confirms that it has and shall continue to employ appropriate technology and procedures in accordance with applicable Law to prevent accidental loss or corruption of the Disclosed Personal Information, unauthorized input or access to the Disclosed Personal Information, or unauthorized or unlawful collection, storage, disclosure, recording, copying, alteration, removal, deletion, use or other processing of such Disclosed Personal Information.
f) Each Party shall at all times keep strictly confidential all Disclosed Personal Information provided to it, and shall instruct and require those employees or advisors having access to such Disclosed Personal Information to protect the confidentiality of such information in a manner consistent with the Parties' obligations hereunder. Each Party shall ensure that access to the Disclosed Personal Information shall be restricted to its employees or advisors who have a bona fide need to access such information in order to complete the Arrangement.
g) Each Party shall promptly notify the other of all inquiries, complaints, requests for access, and claims of which it is made aware in connection with the Disclosed Personal Information. The Parties shall fully co-operate with one another, with the other Persons to whom the Personal Information relates, and any Governmental Authority charged with enforcement of Privacy Laws, in responding to such inquiries, complaints, requests for access...
Privacy Matters. (For the purposes of this clause 36 only, a reference to “you” or “your” is also a reference to the directors of the Hirer, and/or any Guarantor of the Hirer and, where the Hirer is one or more individuals or a partnership, each and every individual or partner.)
36.1 CNH Industrial Capital may collect personal information from you either directly or indirectly. CNH Industrial Capital will use, disclose and make accessible your personal information in accordance with its Privacy Policy, the Privacy Xxx 0000 and the National Privacy Principles.
36.2 You authorise CNH Industrial Capital to give to and seek personal information about your credit arrangements or obtain a consumer or commercial credit report containing information about you from any credit reporting agency.
36.3 The personal information which CNH Industrial Capital may give or seek includes (where applicable):
(a) your name, sex, date of birth, current address and last two addresses, current or last known employer and driver’s licence number;
(b) the fact that you have entered into or propose to enter into a Hire Purchase Agreement, the value of the Goods hired or proposed to be hired under a Hire Purchase Agreement, and any obligations you may have under this Hire Purchase Agreement;
(c) that you have drawn cheques for $100.00 or more which have been dishonoured more than once; and
(d) that court judgments and/or bankruptcy orders have been made against you.
36.4 You authorise CNH Industrial Capital to use the credit report, or obtain a further credit report, for the purposes of collecting overdue payments relating to credit owed by you.
36.5 You authorise CNH Industrial Capital to give to and seek credit reports and other information about your credit arrangements from:
(a) any credit providers named in any application submitted by you; and
(b) any credit providers that may be named in a credit report issued by a credit reporting agency.
36.6 Your authorisation entitles CNH Industrial Capital to exchange information about your credit worthiness, credit standing, credit history and credit capacity.
36.7 Your authorisation also entitles CNH Industrial Capital to give the following information to a credit reporting agency (where applicable):
(a) that you are sixty (60) days or more overdue in making a payment to us and that steps have been taken to recover all or any part of the amount which you owe; and
(b) that in CNH Industrial Capital’s opinion you have committed a serious credit infringement...
Privacy Matters. The parties acknowledge that federal and / or provincial legislation that addresses the protection of individuals’ personal information (collectively, “Privacy Laws”) applies to obligations and activities under this Indenture. None of the parties shall take or direct any action that would contravene applicable Privacy Laws. The Company shall, prior to transferring or causing to be transferred personal information to the Trustee, obtain and retain required consents of the relevant individuals to the collection, use and disclosure of their personal information, or shall have determined that such consents have previously been given upon which the parties can rely or are not required under the Privacy Laws. The Trustee shall use commercially reasonable efforts to ensure that its services hereunder comply with Privacy Laws. Specifically, the Trustee agrees: (i) to have a designated chief privacy officer; (ii) to maintain policies and procedures to protect personal information and to receive and respond to any privacy complaint or inquiry; (iii) to use personal information solely for the purposes of providing its services under or ancillary to this Indenture and not to use it for any other purpose except with the consent of or direction from the Company or the individual involved; (iv) not to sell or otherwise improperly disclose personal information to any third party; and (v) to employ administrative, physical and technological safeguards to reasonably secure and protect personal information against loss, theft, or unauthorized access, use or modification.
Privacy Matters. The Vendor has conducted and is conducting the Business in compliance with all Applicable Laws pertaining to privacy and the protection of personal information.
Privacy Matters. The parties acknowledge that they are responsible for compliance at all times with applicable privacy laws which govern the collection, use and disclosure of personal information acquired by or disclosed to the parties pursuant to or in connection with this agreement (the "Disclosed Personal Information"). None of the parties shall use the Disclosed Personal Information for any purposes other than those relating to the performance of this agreement and the completion of the Transaction.
Privacy Matters. The parties acknowledge that the Special Warrant Agent may, in the course of providing services hereunder, collect or receive financial and other personal information about such parties and/or their representatives, as individuals, or about other individuals related to the subject matter hereof, and use such information for the following purposes:
(a) to provide the services required under this Indenture and other services that may be requested from time to time;
(b) to help the Special Warrant Agent manage its servicing relationships with such individuals;
(c) to meet the Special Warrant Agent’s legal and regulatory requirements; and
(d) if Social Insurance Numbers are collected by the Special Warrant Agent, to perform tax reporting and to assist in verification of an individual’s identity for security purposes. Each party acknowledges and agrees that the Special Warrant Agent may receive, collect, use and disclose personal information provided to it or acquired by it in the course of this Indenture for the purposes described above and, generally, in the manner and on the terms described in its Privacy Code, which the Special Warrant Agent shall make available on its website, xxx.xxxxxxxxxxxxx.xxx, or upon request, including revisions thereto. The Special Warrant Agent may transfer personal information to other companies in or outside of Canada that provide data processing and storage or other support in order to facilitate the services it provides. Further, each party agrees that it shall not provide or cause to be provided to the Special Warrant Agent any personal information relating to an individual who is not a party to this Indenture unless that party has assured itself that such individual understands and has consented to the aforementioned uses and disclosures.
Privacy Matters. The Company, CPS and certain of the Company Subsidiaries are considered to be “Covered Entities” and “Business Associates,” as such terms are defined in 45 C.F.R. § 160.103, and are covered by the Health Insurance Portability and Accountability Act of 1996 Administrative Requirements codified at 45 C.F.R. Parts 160 and 162 (the “Transactions Rule”) and the HIPAA Security and Privacy Requirements codified at 45 C.F.R. Parts 160 and 164 (the “Privacy and Security Rules”), each as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (collectively, “HIPAA”). Except as set forth in Section 3.7 of the Company Disclosure Schedule, each of the Company, CPS, and the Company Subsidiaries (i) is currently compliant in all material respects with any and all of the applicable requirements of HIPAA, including all requirements of the Transactions Rule and the Privacy and Security Rules, and (ii) is not subject to, and is not aware of any current or, since December 31, 2007, historic facts or circumstances that could reasonably be expected to give rise to, any material civil or criminal penalty or any investigation, claim or process by the Office of Civil Rights of the United States Department of Health and Human Services or any other governmental agency enforcing HIPAA, or any other third party, except in the case of (i) and (ii) above as has not had, and would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Except as set forth in Section 3.7 of the Company Disclosure Schedule or as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, (i) the operation of PathSite by the Company, any Company Subsidiary or CPS is and has at all times been in compliance with HIPAA and (ii) there has been no unauthorized use or disclosure of “Protected Health Information” or “Breach” of “Unsecured Protected Health Information” (as such terms are defined in HIPAA) by the Company, any Company Subsidiary or CPS.
Privacy Matters. (1) For the purposes of this section, “Transferred Information” means the personal information (namely, information about an identifiable individual other than their business contact information when used or disclosed for the purpose of contacting such individual in that individual's capacity as an employee or an official of an organization and for no other purpose) to be disclosed or conveyed to one Party or any of its representatives or agents (a “Recipient”) by or on behalf of another Party (a “Disclosing Party”) as a result of or in conjunction with the transactions contemplated herein, and includes all such personal information disclosed to the Recipient prior to the execution of this Agreement.
